Case Summary: Gobind Dayal v. Inayatullah (1885)

Court: Allahabad High Court

Citation: ILR 7 All 775

Year: 1885

Key Facts:

The dispute was regarding the right of pre-emption (Shufa) — a customary right under Muslim law allowing a co-sharer or neighbor the first right to purchase property before it is sold to a stranger.

Inayatullah (the defendant) had sold a portion of the property to a stranger.

Gobind Dayal (the plaintiff), who was not a Muslim but a Hindu, claimed the right of pre-emption over that property.

Issues Before the Court:

Whether the right of pre-emption, which has roots in Islamic law, could be claimed by a non-Muslim under Indian law.

Whether such a right could be recognized as a legal right enforceable in court.

Court's Observations:

The Court emphasized that the right of pre-emption was not purely religious but a legal right arising from custom and usage.

It held that Hindus could also claim this right if such a custom was prevalent in the region.

The Court recognized the right of pre-emption as a valid legal custom in India, enforceable through civil courts.

Judgment:

The Allahabad High Court ruled in favor of Gobind Dayal, affirming his right of pre-emption.

The Court recognized pre-emption as a legal right not confined to Islamic jurisprudence alone, but one that could be enforced by any person (including Hindus), provided it was established by local custom or usage.

Significance:

This case laid down the foundation of the law of pre-emption in India.

It broadened the scope of the right of pre-emption beyond Islamic law to cover customary practices applicable to non-Muslims as well.

It became a leading precedent for interpreting pre-emption rights under Indian law before the enactment of specific statutes.