Muhammadan law of pre-emption applies where the right arises under that law, despite a non-Muhammadan vendee.

Section 24 of the Bengal Civil Courts Act required application of Muhammadan law of pre-emption where the pre-emptor and vendor were Muhammadans and the right originated under that law. The Court treated pre-emption as a legal incident of ownership under Muhammadan jurisprudence, not a mere right of repurchase, and held that the vendee's non-Muhammadan status did not, by itself, exclude the rule. The earlier approach limiting enforcement to justice, equity and good conscience was not accepted for a right arising under Muhammadan law. The referred question was answered in favour of the pre-emptor.

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Issues: Whether, under Section 24 of the Bengal Civil Courts Act (VI of 1871), the Muhammadan law of pre-emption applied where the pre-emptor and vendor were Muhammadans but the vendee was a non-Muhammadan.

Analysis: The Court held that pre-emption, in Muhammadan jurisprudence, is a legal incident of ownership arising from the conjunction of properties and not a mere right of repurchase. It further held that the words of Section 24 required the Court to apply Muhammadan law where the right of pre-emption had its inception under that law, and that the presence of a non-Muhammadan vendee did not, by itself, exclude the operation of that rule. The earlier view that the rule could be enforced only on principles of justice, equity and good conscience was not accepted in relation to a case where the right itself arose under Muhammadan law.

Conclusion: The Muhammadan law of pre-emption applied, and the question referred was answered in the affirmative, in favour of the pre-emptor.

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