KUMAR GONSUSAB & ORS. versus SRI MOHAMMED MIYAN URF SABAN & ORS.
Suit for pre-emption based upon an agreement to sell, and not an executed sale deed, is not maintainable in law as no cause of action arises; under Mohammedan law and the Transfer of Property Act, pre-emption arises only from a completed sale, not from an agreement to sell.
- Parties
- Appellant: Kumar Gonsusab; Appellant: Kumar Shafi Mohd; Appellant: Smt. Hamedabegum; Respondent: Sri Mohammed Miyan Urf Sabban; Respondent: Mohd. Ismail Urf Badshah (since deceased)
- Jurisdiction
- India
- Judgment Date
- 19 August 2008
- Procedural Posture
- Civil Appeal / Final Disposition of Supreme Court Appeal
- Outcome
- appeal allowed
- Legal Topics
- Pre Emption, Agreement to Sell, Vicinage, Cause of Action
Case Brief
Summary, issues, holding and outcome
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Parties
Kumar Gonsusab
Appellant
Kumar Shafi Mohd
Appellant
Smt. Hamedabegum
Appellant
Sri Mohammed Miyan Urf Sabban
Respondent
Mohd. Ismail Urf Badshah (since deceased)
Respondent
Procedural Posture
Civil Appeal / Final Disposition of Supreme Court Appeal
Legal Issues
- 1 Whether a suit for pre-emption on the ground of vicinage can be entertained when only an agreement for sale has been entered into with respect to the suit property.
Ratio Decidendi
Suit for pre-emption based upon an agreement to sell, and not an executed sale deed, is not maintainable in law as no cause of action arises; under Mohammedan law and the Transfer of Property Act, pre-emption arises only from a completed sale, not from an agreement to sell.
Court Disposition
appeal allowed
Orders
- Judgment and decree of High Court in second appeal set aside.
- Suit of respondents dismissed.
Full Case Text
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