Law:

Section:

(a) Pre-emption- ----Reference to Talb-e-Muwasibat while making Talb-e-Ishhad-- ­Necessity---While making Talb-e-Ishhad, reference to Talb-e-Muwasibat is necessary in order to confirm that pre-emptor is really interested in the property and wanted to enforce his right by making both the Talbs i.e. Talb-e-Muwasibat and Talb-e-Ishhad. (b) Pre-emption--- ----Mode of performance of "Talb-e-Muwasibat" and "Talb-e-Ishhad"--- Essentials---Talb-e-Muwasibat is, ordinarily, not made before the vendee, because no sooner the pre-emptor acquires knowledge that the property on which he has a right of pre-emption has been sold by the vendor, he without wastage of time is bound to make Talb-e-Muwasibat (also known jumping Talb) in presence of the witnesses---While performing second Talb i.e. Talb-e-Ishhad, pre-emptor should attribute such words, which would be sufficient to gather his intention that earlier to it, he has already made Talb-e-Muwasibat. Muhammad Lokman Mondal v. Amir Ali Mondal and others PLD 1969 Dacca 64; Samundar v. Lal Muhammad and 9 others PLD 1987 Quetta 209; Muhammad Hassan and 2 others v. Shafi-ud-Din and 2 others PLD 1995 Quetta 29 and Malik Nazar Muhammad v. Haji Abdul Rauf and other PLD 1992 Quetta 9 ref. (c) Pre-emption--- ---Suit for pre-emption ---Omission to make reference to "Talb-e­-Muwasibat" at the time of making "Talb-e-Ishhad"- Effect--- Pre-emptor would be non-suited for such omission. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--Petitioner seeks leave to appeal against the judgment/decree, dated 20th October, 2001 passed by High Court of Balochistan, Circuit Bench at Sibi, whereby Civil Revision No.(S)18 of 2001 was allowed, as a result whereof judgment/decree of the Majlis-e-Shoora, dated 12th August, 2000 was set aside and judgment/decree of Qazi Bhag, dated 20th May, 2000 was restored whereby suit filed by the petitioner/plaintiff was dismissed. 2. Precisely stating facts of the case are that on 19th January, 2000, petitioner instituted a suit for possession through right of pre-emption in respect of the property, details whereof were mentioned in the plaint against the respondents/defendants. The respondents contested the suit by filing…

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