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.