Law:

Section:

(a) Islamic law--- ----Pre-emption suit by tenant---Maintainability---Right of pre-emption was a feeble right and same only accrued after completion of sale with a bonafide transaction and fulfilling the conditions attached to it---Mortgagee, tenant or mere Benamidar was not entitled to right of pre-emption---Pre-emptor could not pre-empt until he had proved his title---Mere possession did not give right of pre-emption---For establishing right of pre-emption there must be absolute ownership in the contiguous land---Plaintiffs were tenant and right of pre-emption could not be claimed High Court observed that present suit had not been properly drafted and seller had not been made party nor substitution had been sought in the prayer clause---Plaint did not disclose source of knowledge with regard to sale and when Talb-i-Muwathibat and Talb-i-Ishhad were performed---Not only necessary ingredients in respect of claim of plaintiff was missing but plaintiffs had no cause of action---Plaint had rightly been rejected by the Courts below---Revision was dismissed, in circumstances Imam Abu Hanifa and Imam Muhammad rel. (b) Islamic law--- ----'Pre-emption'---Exercise of right of pre-emption---Requirements detailed. The right of pre-emption or Shufaa is the right possessed by one person to acquire a property sold to another in preference to that other by paying a price equal to that settled, or paid by the latter. In the language of the law it is a right to take possession of a purchased parcel of land, for a similar (in kind and quality) of the price, that has been set out on it to the purchaser. Prior to operation of the right of pre-emption or 'shufaa' besides the imperative conditions regarding demands or 'Talbs', it is also necessary that there must be three conditions present in order to give a valid claim of such right. The first is that the pre-emptor must himself own property, Secondly, there must be a sale of certain property, and Thirdly, there must be certain relationship between the pre-emptor and the vendor in relation to the sold property. From the definition of pre-emption, it clarifies that the right of pre-emption is a feeble right and the same only…

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