Smt. Mattoo Devi vs Damodar Lal (D) By Lrs & Ors

The Supreme Court clarified the principle of talab in Muhammadan Law, emphasizing its three facets: talab-e muwathaba, talab-e ishhäd, and talab-e tamlïk. The Court held that the right of pre-emption is an incidence of property, not merely a personal right, and must be asserted promptly upon knowledge of the sale. The judgment reaffirmed the position established in Shri Audh Behari Singh v. Gajadhar Jaipuria, rejecting the notion that pre-emption is solely a right of re-purchase.