Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)--S.13---Pre-emption suit---Making of Talabs---Essentials---Non- fulfilment of requirements of Talabs--- Effect---Factum of knowledge of sale transaction and knowledge of entry of mutation admitted by plaintiff---Plaintiff would be presumed to have knowledge of sale mutation in favour of defendant on any date prior to date of entry of mutation on the file by defendant in favour of plaintiff at his request which was necessarily after attestation of mutation in favour of defendant---Essential requirements of Talab-i-Mawathibat and Talb­i-Ishahad were not complied with by plaintiff---Plaintiff was not entitled to decree for pre-emption in circumstances. Under section 13, subsection (3) of North-West Frontier Province Pre-emption Act, 1987 a pre-emptor after making Talb-i-Mawathibat as required under subsection (2) would as soon thereafter as possible but not later than two weeks from the date of notice or knowledge whichever may be earlier, make Talb-i-Ishhad by sending a notice in writing attested by two truthful witnesses, under registered cover acknowledgment' due to the vendee, confirming his intention to exercise the right of pre-emption. Under subsection (4) when a pre-emptor had satisfied the requirements of the Talb-i-Mawathibat under subsection (2) and Talb-i-Ishhad under subsection (3), he would make Talb-i-Khusumat in the Court of competent jurisdiction to enforce his right of pre-emption. The plain reading of the aforequoted provisions of pre-emption law make it amply clear that no sooner the pre-emptor got knowledge of the sale transaction, he was to declare his intention to pre-empt the same and as soon thereafter as possible has to send. a registered cover notice, .acknowledgment due, in writing, attested by two truthful witness, to the vendee. This was to create evidence of the intention of the pre-emptor to file a suit for pre-emption. The ingredients of subsection (3) are; one, that the notice must be sent as soon as possible after Talb-i-Mawathibat but not later than two weeks; two, that the notice must be sent in writing; three, it must be attested by two truthful witnesses; and four,…

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