SHEIKH MOHAMMAD RAFIQ versus KHALLLUL REHMAN & ANOTHER

SHEIKH MOHAMMAD RAFIQ versus KHALLLUL REHMAN & ANOTHER

Appeals dismissed; demands for pre-emption were not investigated in light of Ram Saran Lall's case by courts below; appellant cannot now raise the question of validity of the demand, and the suit for pre-emption stands decreed; suit for specific performance fails due to respondent’s right of pre-emption and subsisting earlier agreement.

Parties
Appellant: Sheiiw Mohammad Rafiq; Respondent No. 1: Khalilul Rehman; Respondent No. 2: Chhoti Begum
Jurisdiction
India
Judgment Date
03 May 1972
Procedural Posture
Civil Appeal / Supreme Court Final Judgment on Appeal by Special Leave
Outcome
Appeals dismissed
Legal Topics
Pre Emption, Specific Performance, Demand Requirements Under Mohammedan Law
Mohammedan Law Property Law Civil Procedure Pre Emption Specific Performance Demand Requirements Under Mohammedan Law

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Parties

Sheiiw Mohammad Rafiq

Appellant

Khalilul Rehman

Respondent No. 1

Chhoti Begum

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Final Judgment on Appeal by Special Leave

Legal Issues

  1. 1 Whether a demand for pre-emption under Mohammedan Law must be made after the sale deed has been copied into the Sub-Registrar's books; whether the demand made was valid and timely; entitlement to specific performance in light of prior agreements

Ratio Decidendi

Appeals dismissed; demands for pre-emption were not investigated in light of Ram Saran Lall's case by courts below; appellant cannot now raise the question of validity of the demand, and the suit for pre-emption stands decreed; suit for specific performance fails due to respondent’s right of pre-emption and subsisting earlier agreement.

Court Disposition

Appeals dismissed

Orders

  • Appeal arising from suit for pre-emption dismissed; parties to bear their own costs.
  • Appeal arising from suit for specific performance dismissed; parties to bear their own costs in this Court.