Law: Punjab Pre-emption Act, 1991

Section: 5,6(1)

(a) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 5 6(1)--- Suit for possession through pre-emption---Pre-emption, decree for---Scope---No partial decree is possible in a pre-emption suit as the right of pre-emption is one of substitution, even in the case of pre-emption under statute law, unless the statute itself has made a departure in this regard to any extent---From the doctrine that the right of pre-emption is one of substitution it follows that, unless the statute conferring the right of pre-emption otherwise provides, the pre-emptor must take over the whole bargain, that is to say, the pre-emptor must seek pre-emption of the whole of the subject-matter of the sale and pay the entire price paid by the vendee as consideration---This, however, is subject to certain limitations which, at any rate, do not include the vendors defective or want of title---Pre-emptor is not bound to seek pre-emption of the whole of the property sold and pay the full sale price if his right of pre-emption extends over only a portion of the property sold or if a portion of the property is capable of pre-emption and the other is not---In case of any such limitation, partial pre-emption on payment of proportionate price may be permitted as of necessity and not because the pre-emptor wants it. Mst. Bashiran and others v. Abdul Ghani and others 1995 SCMR 1833 and Malik Hussain and others v. Lala Ram Chand and others PLD 1970 SC 299 ref. (b) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 13(2) 13(3)---Suit for possession through pre-emption---Talb-i-Muwathibt and Talb-i-Ishhad--- Proof--- Petitioner (pre-emptor) produced two witnesses before the Trial Court to establish Talb-i-Muwathibat, however neither of the two witnesses deposed regarding the date on which the petitioner made Talb-i-Muwathibat---On of them also deposed that he was not aware of the other witnesses/signatories to the notice of Talb-i-Ishhad, and merely speculated as to who they could be, and was unaware of the contents of the notice and its recipients---Moreover, neither of the two witnesses deposed any specific date on which Talb-i-Ishhad was made---No receipt of acknowledgement due was produced in evidence, nor…

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