SMT. MATTO DEVI vs SH. DAMODAR LAL (DEAD) THR. LRS..

The Supreme Court clarified the doctrine of pre-emption under Muhammadan Law, specifically addressing the principle of talab, which includes talab-e muwathaba, talab-e ishhād, and talab-e tamlīk. The Court held that the right of pre-emption is an incidence of property, not merely a personal right, and must be asserted without unreasonable delay upon knowledge of the sale. The judgment reaffirmed the legal principle that the right exists prior to sale but becomes enforceable only upon sale, aligning with the precedent set in Shri Audh Behari Singh v. Gajadhar Jaipuria & Ors. (1955 (1) SCR 70).