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of <h1>Appeal upheld in pre-emption suit: transaction deemed sale, not hiba-bil-ewaz.</h1> <h3>Saiful Bibi Versus Abdul Aziz Khan and Ors.</h3> The defendant's appeal in a pre-emption suit was upheld on appeal, considering the transaction between husband and wife as a sale, not a hiba-bil-ewaz. ... - The defendant's appeal in a pre-emption suit was dismissed by the first court but upheld on appeal. The transaction between husband and wife was considered a sale, not a hiba-bil-ewaz, making it pre-emptible. The transfer in lieu of an existing dower debt was deemed a sale under the Transfer of Property Act. The Agra Pre-emption Act defines a sale as per the Transfer of Property Act. The plaintiff was given two months to pay the pre-emption money; failure to do so would result in dismissal of the suit with costs.
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