Preemption

Preemption:

According to the Muhammadan law, if the pre-emptor enters into a compromise with the vendee, or allows himself to take any benefit from him in respect of the property which is the subject of pre-emption, he by so doing is taken to have acquiesced in the sale, and to have relinquished his pre-emptive right. 

Mr. Baillie, in his celebrated Digest of Muhammadan Law, at page 499, which reproduces a passage of the Fatawa Alamgiri, states the law as follows: 

"The right of pre-emption is rendered void by implication, when anything is found on the part of the pre-emptor that indicates acquiescence in the sale, as, for instance, when knowing the purchase, he has omitted, without a sufficient excuse, to claim his right (either by failing to demand it on the instant, or by rising from the meeting, or taking to some other occupation, without doing so, according to the different reports of what is necessary on the occasion); or, in like manner, when he has made an offer for the house to the purchaser; or has asked him if he will give it up to him; or has taken it from him on lease, or in moozaraut--all this with knowledge of the purchase."