Dower debt transfer as hiba-bil-ewaz is not a sale and does not attract pre-emption rights.

A transfer of immovable property, though styled as a sale deed, is not a sale for pre-emption purposes if the consideration is discharge of the transferor's dower debt rather than money. The instrument's true nature must be determined from the deed as a whole, and the label used by the parties is not conclusive. Where the transaction operates as satisfaction of debt, it is treated in Muhammadan law as hiba-bil-ewaz, a gift for consideration, and such a transfer does not attract a right of pre-emption.

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Issues: Whether a transfer described as a sale deed, but made in consideration of satisfaction of a portion of the transferee's dower debt, amounted to a sale so as to support a right of pre-emption, or was in substance a gift for consideration outside the law of pre-emption.

Analysis: The description of the instrument as a sale deed was not conclusive. Its true nature had to be gathered from the deed as a whole. The consideration recited was not money but the release of the transferor from liability for part of the dower debt. Under the legal definition of sale, the price must be money, whereas a transfer in exchange for discharge of a debt is not a sale. The transaction was, in substance, a gift for consideration, recognised in Muhammadan law as hiba-bil-ewaz. A gift of immovable property made in consideration of dower debt does not attract a right of pre-emption.

Conclusion: The transfer was not a sale and the claim for pre-emption was not maintainable.

Ratio Decidendi: A transfer of immovable property made in satisfaction of dower debt, though styled as a sale deed, is not a sale where no money price is paid or promised; it is a gift for consideration and is not subject to pre-emption.

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