Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--- ----S.13---Demand of Talabs---Pre-emptor, though made a demand of 'Talb-e­Muwathibat', but gave no notice of `Talb-e-Ishhad' in writing attested by two Jkruthful witnesses under registered cover acknowledgement-due to vendee affirming his intention to exercise right of pre-emption ---No averment was found in plaint regarding performance of Talb-e-Ishhad and there was not any mention about absence of post office facilities in the area---Since performance of Talabs was a substantive part of pre-emption in law, their performance was required to be expressly inserted in body of plaint for avoiding any concealed surprise upon the vendee ---Any defect in performance of Talabs, must adversely react on right of pre-emption ----For successfully exercising pre­emption right, pre-emptor was obliged to meticulously observe requirements for Talabs---Failure in that behalf must prove fatal to pre-emption --- Oral compliance with imperative requirements of S. 13(3) was not a proper substitute for it and could not be taken to be its real fulfilment---When law required a thing to be done in a particular manner, thing must be done in that manner or not at all. Nazir Ahmad v. King-Emperor AIR 1936 PC 253(2); Muhammad Amin and 3 others v. Gulab and another 1993 CLC 98 and Said Muhammad Shah v. Ghulam Hussain 1993 CLC 105 ref. (b) Practice and procedure--- ---- When law required a thing to be done in a particular manner, thing must be done in that manner or not at all. ORDER This is a revision petition arising out of a suit for pre-emption. In order to understand the real points, in issue in this case, it is necessary to state the facts of the case shortly. By Mutation No. 887 sanctioned on 26-3-1990, Mst. Hashmat Bibi sold land measuring 1 Kanal, 18 Marlas comprised in Khatas Nos. 234, 235, 238, situate in Chak No. 373/GB, Tehsil Samundari of District Faisalabad to Nek Muhammad son of Ibrahim for sale-price of Rs.30,000. Abdul Ghaffar, Nazar Hussain and Ghulam Rasul sons of Munshi claimed pre-emption in respect of the above sale. Right of pre-emption was asserted on the ground of co-ownership in the joint Khata. Mst. Hashmat Bibi was…

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