The Calcutta Law Reports of Cases Decided by the High Court, Calcutta; Also Judgments of H.M.'s Privy Council Volume 2

The Calcutta Law Reports of Cases Decided by the High Court, Calcutta; Also Judgments of H.M.'s Privy Council Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...of Mahomedan Law, (p. 494-, Ed. of 1865, ) ch. 6, para. 2. During the argument Mr. Justice AINSLIE inquired how the plaintiff gained a right of pre-emption against Jewan Lall? Were the preliminaries necessary for claiming the right completed a.s to him? Mr. Justice JACKSON said it did not appear that the right was completed against Rowshun; nor that the plaintiff made any complaint against Jewan, who came in as a party under section 73 of Act VIII of 1859. The learned pleader for the plaintiff intimated that, supposing the right was completed against Rowshun that would be sufficient as against Jewan who should be taken as his representative. The Cums JUs'rrcs said that the Court would not recognize such a contention, but would insist that the preliminaries should have been completed in Jewan's case also. If the plaintiff had not heard, and had no means of hearing, of the sale to J ewan, he might have made the demand in Court when Jewan intervened Baboo Grija Sunker Mozoomdar, for Respondent, cited Jlohesher Lall vs. Christian and others, 6 W. R., 250. The judgment of the Full Bench (1) is as follows: --We are of opinion that by the Mahomedan Law one co-parcener has no right of pre-emption as against another co-parcener. There appears to be no reason, either upon principle or authority, why the right of Shufia should exist as between co' parceners; and the rule as laid down in Ha.milton's Hedaya, vol. 3, bk. 38, chap. 1, appears to have been misunderstood in this respect. That rule merely prescribes that any one partner (or co-parcener) of a property has a right of Shufa as against a stranger who purchases a share from his co-partner; and does not mean that the right exists. as between co-partners, who may purchase more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236861973
  • 9781236861979