1 SA598/2005 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 598 OF 2005 Abdul Hamid s/o Abdul Rahman Appellant V E R S U S Aminabegum w/o Mohd Shafiuddin & Ors. Respondents Smt. A.N. Ansari, Advocate for the appellant Mr. R.B. Deshmukh, Advocate for respondent No. 1 Respondent Nos. 2 & 3 though served, are absent CORAM : A.V. NIRGUDE, J. DATED : 29th August, 2011 ORAL ORDER : ► This appeal questions concurrent findings of the Courts below that the appellant / plaintiff could not prove his case of pre-emption. The appellant is son of Abdul Rahman, who happened to be brother of Sk. Ahemad. These two brothers had shares adjoining to eachother in a house property. Sk. Ahemad, in 1971, sold his share in the house to one Noor Jahan, who was not related to these brothers. Noor Jahan took possession of the house property, and, in 1994, she also sold her property to respondent No. 1, who again is not related to the appellant / plaintiff or his father Abdul Rahman. The right of pre-emption was asserted this time by the appellant / plaintiff against Noor Jahan and the purchaser / respondent No. 1. The Courts below held that since the appellant’s father Abdul Rahman did not raise objection based on right of pre-emption against the initial sale of the suit property in favour of Noor Jahan, his case would fail. It is thus clear that on facts the appellant / plaintiff could not prove his right 2 SA598/2005 of pre-emption. There appears no substantial question of law arises in this appeal. Second Appeal stands dismissed. ( A.V. NIRGUDE, J. ) SRM/sa/598/05/29/8/11