Law:

Section:

(a) Islamic Law----- Constitution of Pakistan (1973), -Art. 185(3)---Pre-emption---Leave to appeal was granted to consider whether right of pre-emption could be enforced on sale by Hindu vendor who was not subject to Muslim Personal Law. Dwarka Das v. Hussain ILR 1978 All. 564 and Sundri Bai v. Ghulam Hussain 1982 CLC 2441 ref. Per Iftikhar Muhammad Chaudhry, J.-- (b) Islamic Law----- Pre-emption---Application of right of pre-emption to non-Muslims--­Scope---Right of pre-emption is equally applicable to Muslims and non­ Muslims unlike the Islamic Law of inheritance. Government of N.-W.F.P. through Secretary, Law Department v. Said Kamal Shah PLD 1986 SC 360 ref. (c) Islamic Law---- Constitution of Pakistan (1973), Art. 185(3)---Right of pre-emption--­Exercise of such right where vendor was non-Muslim---Pre-emptor being Muslim exercised his right of pre-emption against the property sold by a Hindu vendor---Trial Court rejected the plaint and appeal before Lower Appellate Court was dismissed---Revision tiled before High Court also met the same fate---Validity---Leave to appeal was granted to consider whether the of High Court was not sustainable as there was no restriction in Islam for enforcing the right of pre-emption by or against non ­Muslims. Per Rana Bhagwah Das, J.-- (d) Islamic Law----- Pre-emption---Object---Law of pre-emption enables landowners to avoid advent of an undesirable neighbour---Object behind the application of right of Shufaa is to safeguard privacy of Muslim families. Principles of Mahomedan Law by D.F. Mulla ref. (e) Islamic Law----- Pre-emption---Right of pre-emption is a right of re-purchase from the buyer and is an incident of property. (f) Islamic Law----- Pre-emption=--Recognition of right of pre-emption by customs among Hindus. The right of pre-emption is recognized by custom among Hindus who are either natives of, or are domiciled in Bihar, Sylhet and certain parts of Gujarat, such as Surat, Broach and Godhra, and it is governed by the rules of Muhammadan Law of pre-emption except in so far as such rules are modified by such customs. Under the Mahomedan Law, non-Mahomedans are as much entitled to exercise the right of pre-emption as…

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