Supreme Court of India
Smt. Mattoo Devi v. Damodar Lal (dead) by Lrs. and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the opinion that this notification is a complete Code in respect of right of pre-emption except that the concept of pre-emption has been left to be deduced from the customary law of the parties and has not been mentioned in it.
Judgment, page 10
From the headnote
Mohammadan Law: Immovable property-Sale of-Right of pre-emption-Ta/ab-Principle of-Held : There are three facets of ta/ab; (i) talab-e-muwathaba, (ii) ta/ab- e-ishhad and (iii) talab-e-tamilik or talab-e-khusumat-The first implies a demand, the second, reiteration of demand in the presence of witnesses and the third, initiation of legal action-The owner of an immovable property possesses a right of pre-emption (shuf'a) over immovable property that has been sold to another person.
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