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Report on Preemption Introduction : Preemption refers the right of purchase a landed property by a person period than other. This is described in section 96 of state Acquisition and Tenancy Act. The pre-emption is also described in the Muslim law. There it is called shufa. The shufa is applicable on people on the basis of religion and local customs. Peoples belonging to Muslims religion may apply right of pre-emption under the state Acquisition and tenancy Act. The right of pre-emption must be exercised upon immovable property. ♦ General concept of Pre-emption under state Acquisition and Tenancy Act and Muslim Law : Pre-emption under state Acquisition And Tenancy Act: Pre-emption is legal right of every. Person in Bangladesh. Pre-emption hold to get civil litigation. Generally right of pre-emption arises between sister to sister, brother to brother, sister to brother etc. The Pre-emption means when the right of purchasing the land arise before the other person, This rights is called pre-emption. It is the right of the owner of adjacent land. So the pre-emption is the right of a person to purchase a property in preference to other and the right of a person who has option of first refusal1 The law of preemption imposes a limitation or disability upon the ownership of a property and he benefit as well as the burden of the right of pre-emption runs with the land.2 Pre-emption under Muslim Law : In Muslim law pre-emption is called ‘Shufa’ Shufa is a Arabic term. Shufa means conjunction, here it denotes the right of the owner of a property which is in conjunction that is adjacent to another property. Definitions of Mulla – “The right of shufa or pre-emption is a right which the owner of an immovable property possesses to acquire by purchase another immovable Property which has been sold to another person. 3 Definition of Mahmood, J – “A right which the owner of certain immovable property possesses, as such, for the quiet enjoyment of that immovable property, to obtain in substitution for the buyer, proprietary possession of certain other immovable property, not his own, on such terms as those on which such latter immovable property is sold to another person4” ♦ Classes of Pre-emption under state Acquisition And Tenancy Act and Muslim Law: 1
. K. J Aiyar’s Judicial Dictionary – Page : 760 . K. J. Aiyar’s Judical Dictionary – Page : 760 3 . Mulla, 255. 4. Per Mahmood. J. in Gobind Dayal V. Irayatullah, 2
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