Supreme Court · 2001 INSC 299 · Decided 18 July 2001
SMT. Mattoo Devi v. Damodar Lal (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 299 · [2001] 3 S.C.R. 1009
- Case number
- CIVIL APPEAL No. 5816/1994
- Decided
- 18 July 2001
- Bench
- AJAY PRAKASH MISRA, U.C. BANERJEE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
B 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- C 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 possesses a right of pre-emption (shuf'a) over immovable property that has been sold to another person. Practice and Procedure : Finding of fact-lnte1ference with-Scope of-Held: Ought not to be inte1fered with unless there is a total perverse view of the matter in issue. Words and Phrases:
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