Supreme Court of India
Kumar Gonsusab & Ors. v. Sri Mohammed Miyan Urf Saban & Ors.
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What the Court ordered
For the reasons aforesaid, this appeal is allowed and D the judgment and decree of the High Court in the second ap- y peal is set aside and consequent thereupon the suit of the re- spondents is dismissed.
Judgment, page 10
From the headnote
Mohammedan Law - ss. 226 and 232 - Suit for pre-emp- tion on the ground of vicinage - On the basis of agreement for c sale of the suit property - Entertainability of - Held: Suit not entertainable as no cause of action arose to file the suit- Cause of action would arise only when the suit property is actually sold and not when there is merely an agreement to sell - Trans- fer of Property Act, 1882 - s. 54. Pre-emption - Right to pre-emption - Nature of - Held: Such right is a weak right - There are no equities in favour of }. pre-emptor - Courts can not go out of their way to help the .,.,
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