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P L D 1960 416 DACCA HIGH COURT Second Appeal No. 1068 of 1958, decision dated: 18-08-1959. PRESENT: CHOWDHURY, JUSTICE PETITIONERS: SYED SAYEEDUDDIN AHMED VS RESPONDENTS: HAJI IUNUS MIA M. H. Khandkar for Appellant. A. W. Chowdhury for Respondent. (a) Pre emption Right of, under Muhammadan Law Object¬-Whether full ownership in sense of proprietary right in land of vicinage and in land sought to be pre empted on ground of vicinage necessary for making right of pre emption available under Muhammadan Law. The object underlying the pre emption under the Muhammadan Law is to prevent the inconvenience which may result from the introduction of a disagreeable stranger as a co parcener or as a near neighbour. It is based on the ground of convenience and its object is to prevent possible vexation arising from a disagreeable neighbour. Under Muhammadan Law the right of pre emption exists not only in respect of sale of immovable property in which the vendor had a proprietary right but also in respect of property where the vendor had a right of ownership not in the sense of a pro¬prietor. Muhammadan Law makes no distinction between the sale of proprietary interest and the sale of lease hold interest pro¬vided the ownership is permanent and transferable. Under the Bengal Tenancy Act, 1885, the jote right i.e., raiyati right of a tenant is permanent, heritable and transferable subject to payment of rent to the landlord. Therefore where both the pre emptor and the vendor were raiyats under the Bengal Tenancy Act, 1885 it was held that they had ownership in the land on account of and in respect of which pre emption was claimed and the pre emptor was therefore entitled to get pre emption. Dashrathlal Chhaganlal a Bai Dhondabai I L R 1941 Bom. 460 held wrongly decided. Katyayani Debi v. Uday Kumar Das I L R 52 Cal. 417, 421 (P C) ; Sakina Bibi v. Amiran and others I L R 10 All. 472 (477); Sheikh Muhammad Jamil v. Khublal Raut A I R 1921 Pat. 164 ; Baboo Ram Golam Singh v. Nursingh Sahaya 25 W R 43 and Phul Muhammad Khan v. Kazi Kutubuddin A I R 1937 Pat. 578 ref. (b) Muhammadan Law Pre emption Word "Milk" (Baillie's Digest page 447, 2nd Ed.) "Covens wide range of ideas other…

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