Law: Punjab Pre-emption Act, 1991

Section: 13(3)

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13(3)---Suit for pre-emption---Notice of "Talb-i-Ishhad"---Mandatory requirement---Section 13(3) of the Punjab Pre-emption Act, 1991 specified unequivocally that "Talb-i-Ishhad" shall be made by written notice, attested by two truthful witnesses, and made under registered cover acknowledgment due---Only situation in which the Punjab Pre-emption Act, 1991, did not require the sending of notice by registered cover acknowledgment due was when the post office facility was not available to a pre-emptor [Proviso to section 13(3)]---Secondly, according to case law, the prescribed condition of service of notice by registered cover acknowledgement due may be relaxed where the defendant/vendee admitted that he had received notice of "Talb-i-Ishhad"--- In all other cases, service of notice of "Talb-i-Ishhad" upon a vendee must be established by the proof of each of the prescribed elements of the notice of such Talb---Prescribed elements of the service of a "Talb-i-Ishhad" notice were specific statutory requirements for the proof of service of notice of such Talb which demand had been construed to be a mandatory obligation of a pre-emptor---Where any of the elements of the prescribed mode of service of "Talb-i-Ishhad" was not proven by a pre-emptor, he dishonoured his mandatory obligation and consequently, his pre-emption suit must fail. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13(3)---Suit for pre-emption---Notice of "Talb-i-Ishhad"---Pre-emptor had failed to aver in his plaint that notice of "Talb-i-Ishhad" under registered cover was sent along with an acknowledgment due request, therefore, unless permitted by the Trial Court, pre-emptor could not have produced any evidence on the point of notice under registered cover posted with acknowledgment due---Acknowledgment due card was not produced on record by the pre-emptor nor was the postman, who may have delivered the notice, called to the witness box---According to the pleadings and also the evidence on record, the pre-emptor had not discharged his burden to prove the service of notice of "Talb-i-Ishhad" as required under S. 13(3) of the Punjab Pre-emption Act,…

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