Pre emption - Mohammedan Law

Pre-Emption right under Mohammedan Law.....

                             

- The right of pre-emption is customary under Mohammed Law.

- It is a right to acquire by compulsory purchase of property.

- Basic concept is to obviate in convenience or disturbances which would arise by conjunction of stranger.

- Also to preserve the integrity of the village and community, to avoid fragmentation, to reduce chances of litigation is concept of eight of pre emotion.

- Right of pre - emotion arises only in case of sale.

- It's not applicable to leased, gift, waqf, inheritance, bequest property.

- It be claimed by co - sharer in the property sold.

- It be claimed by person who is participating in the immunities and appendages in the property, such as a right of way or discharge of water.

- It be claimed by the adjoining owner of immovable property.

== Relevant Provision =

- Provision of Pre - Emption under Mohammedan Law.

== Relevant Judgement =

- Raghunath v/s Radha Mohan 2021 SAR 26.

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Questions of Limitation & O.7.R.11

Limitation & Order 7 Rule 11 of C.P.C.

                                  

- Basically averments in the plaint are to be looked into while deciding an application.

- Also question of limitation is a triable issue and it can be decided only after taking evidence.

- Issue  of limitation for filing of suit being a mixed question of facts and law .

- So issue of limitation can not be decided under order 7 rule 10 of C.P.C. and plaint cannot be be rejected under it.

- Plaint could be rejected under above order on the basis of averments in the plaint . The pleas defence taken by the defendant in written statement would be wholly irrelevant .

= Relevant Provision = =

- Order 7 Rule 11 of C.P.C.

= = Relevant Judgement =

- Chotaben and another v/s Kirtibhai J. Thakkar 2018 SAR 587= 2019(2) M.L.J.17

- Urvashiben & And v/s Krishnakant M. Trivedi 2019 SAR 241.

- M/S Shakti Bhog Food Industries Ltd v/s The Central Bank of India & And 2020 SAR 924.

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