Husain Baksh vs M. Mahfuzul Haq - 1925 Supreme(All) 14

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1925 Supreme(All) 14

KANHAIYA LAL
Husain Baksh – Appellant
Versus
M. Mahfuzul Haq – Respondent

JUDGMENT

Kanhaiya Lal, J. - The plaintiff-respondent sued for pre-emption under the Muhammadan Law in respect of a house situated in Sabaranpur city which was sold by lit. Habib-un-nissa to Husain Bakhsh on the 9th January, 1920, the house of the plaintiff stands to the North of the house in dispute. The allegation of the plaintiff was that two parnalas of his house discharged water into the inner court-yard of the house sold; that there was a joint wall between the two houses, and that there was also a plot of land lying in front of the doors of the two houses, which was used as a common pathway, closed on one side, and belonging to the persona whose houses opened towards that lane the vendor and the vendees are Shias. They denied that the plaintiff was a co-sharer in the property sold or in any pathway appertaining to it or that the plaintiff had any right to claim pre-emption. The Court of first instance found that the plaintiff was not entitled to pre-emption as he had no joint interest in any portion of the property sold and there wag no joint wall standing between the two houses nor any joint pathway belonging only to these two tenements. The lower Appellate Court, however, he

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