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may 1972

Supreme Court of India · 1972-05-03

SHEIKH MOHAMMAD RAFIQ vs KHALILUL REHAMAN & ANOTHER

Citation / case number
SC 1967/337
Court
Supreme Court of India
Petitioner
SHEIKH MOHAMMAD RAFIQ
Respondent
KHALILUL REHAMAN & ANOTHER
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that under Mohammedan Law, a demand for pre-emption must be made after the sale deed has been recorded in the Sub-Registrar's books, with the date of such recording being considered the date of sale. The Court dismissed the appellant's argument that the demand was premature, as it was raised too late and was not substantiated by evidence in lower courts. Consequently, the suit for pre-emption was upheld in favor of the respondent, affirming the necessity of proper demand timing in pre-emption suits.

SHEIKH MOHAMMAD RAFIQ vs KHALILUL REHAMAN & ANOTHER · Niyam