Allahabad University Studies. Vol. VII (Arts Section)

There is no right of pre-emption in a sale with reservation of an option of repudiation for the vendor 31 until the option drops but there is a right of pre-emption in a sale under a condition of option to the vendee for in the latter case there is a complete extinction of the vendor's interest. [...] 31 If a certain property was sold subject to the option of the vendor and subsequently an adjacent house to this property is sold then the vendor is entitled to pre-empt the house because the vendor's interest in the property sold has not yet ceased; but if the property was sold subject to the option of the vendee then the vendor is not entitled to claim premption and in this case the vendee m [...] 9. There is no right of pre-emption in the case of partition of the property amongst co-sharers of a certain undivided immoveable propert in possession of the property under an agreement arrived at before the expiration of the period of foreclosure. [...] R. 92 it was held that in the case Talab-i-'ishhad is made before the seller who was not in possession of the property the demand was not made properly."THE MUSLIM LAW OF PRE-EMPTION 19 in the presence of the vendor provided he is in possession of the property or before the vendee. [...] 10 of the Limitation Act) is taken of the whole property; if the property is not susceptible of physical possession then from the time of the registration of the sale-deed.