Law: North West Frontier Province Preemption Act, (X of 1987)

Section: 13(2),13(2),13

Law: Powers-of-Attorney Act, 1882

Section: 2

(a) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13(2)---Talb-i-Muwathibat---Object---Such demand is also called a jumping demand which is to be made by prospective pre-emptor without loss of any time in the very Majlis sitting in which he gets the knowledge of sale---Philosophy behind Talb-i-Muwathibat is that it is the test for determining the originality or self-existent urge of the pre-emptor and to determine that the action brought in Court in form of Talb-i-Khusumuat is not the outcome of any foreign element of persuasion, avarice or any other consideration extraneous to the lawful object of pre-emption ---Expression of intention of pre-emptor to pre-empt a sale is to be contemporaneous with the knowledge of sale. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13(3)---Talb-i-Ishhad---Validity---Making of oral Talb-i-Ishhad is also regarded as proper compliance of the requisite Talb---Sending of written notice through postal service is not the only mode of making of Talb-i-Ishhad but oral demand in presence of two truthful witnesses reinforcing his earlier intention of Talb-i-Muwathibat by the prospective pre-emptor is also a valid mode of Talb-i-Ishhad as an alternative, of course, subject to the condition of non-availability of the postal facilities. (c) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13(3)---Talb-i-Ishhad---Necessary ingredients---Ingredients of Talb-i­-Ishhad as provided by S.13(3) of North-West Frontier Province Pre-emption Act, 1987 are that the notice must be sent as soon as possible after Talb-i-­Muwathibat but not later than two weeks; that notice must be in writing; that it must be attested by two truthful witnesses, and that it must be sent under registered cover acknowledgement due---Language of S.13(3) of North-West Frontier Province Pre-emption Act, 1987, suggests that it is the sending of a notice with the said ingredients which is imperative and consequently the pre-emptor is bound to prove the factum of sending of such notice to the vendee ---If the pre-emptor succeeds in establishing the fact that he has sent the notice of Talb-i-Ishhad to the vendee in…

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