gives a right of pre-emption to a shafi-i-sharik, a shafi-i-khalit or a shafi-i-jar?
2. Whether a custom ... regards pre-emption by a shafi-i-jar. Whether custom of pre-emption as regards a shafi-i-khalit is void or not will depend
Shafi-i-Sharik).
(2) A participator in immunities and appendages, such as a right of way or a right to discharge water (Shafi-i-Khalit ... Owners of adjoining immoveabla property (Shafi-i-Jar). The plaintiff sought pre-emption as a Shafi-i-Khalit. The appendages on the basis of which
emption, he being a Shafi-i-Sharik (for sharing joint wall) and also Shafi-i-Khalit for the easement of the light ... plaintiff-respondent was not Shafi-i-Sharik as the wall was separate and he was also not Shafi-i-Khalit.
5. The learned Trial Court
being a co-sharer(shafi-i-sharik)and a
participator in the immunities and appendages(shafi-i-khalit).
18. The plaintiff has not denied that ... shafi-i-sarik,
preemptor by right of co-parcenary;
(2) To a sharer in the rights and appurtenances called a shafi-i-
khalit, pre-emptor
shafi-i-
sharik), (2) a person participating in the appendages and
immunities such as right of way or discharging of water (shafi-i-
khalit ... emption: (1) co-sharer (shafi-i-
sharik), (2) participation in common appendages and
immunities (shafi-i-Khalit) and (3) adjacent land owner
(shafi-i
claim pre-emption as a shafi-i-sharik.
(2) That the plaintiff was not a shafi-i-khalit in that there were no common rights ... therefore, held that the plaintiff was both a shafi-i-sharik and a shafi-i-khalit. In respect to the latter capacity it also remarked
shafi-i-sharik).
(2) a participator in immunities and appendages, such as a right of way or a right to discharge water (shafi-i-khalit ... shafi-i-jar' and not the other two namely, 'shafi-i-sharik' and 'shafi-i-khalit'. Clause (i) unambiguously applies
emption as a shafi-i-jar
(i.e. pre-emptor by right of vicinage) and also as a
shafi-i-khalit (i.e. pre-emptor ... parjoti land (i.e. lease-
hold land). It was also denied that the respondent was
either Shafi-i-jar or shafi-i-khalit
custom of pre-emption on the ground of easementary right (Shafi-i-Khalit) was void under Article 13 of the Constitution. This question was answered ... Judgment: (At p. 273)
"Since the claim of a shafi-i-khalit may be based on a variety of grounds it is difficult
both the plaintiff and the vendee were sharers in the appendages (Shafi-i-khalit), the plaintiff, being a Sunni was entitled to pre-empt ... lower Appellate Court has held that the vendee is a Shafi-i-khalit are untenable. In support of the first contention, I was referred
