Law: Punjab Pre-emption Act, 1991

Section: 13(3),2(c),5&13

(a) Punjab Pre-emption Ordinance (IX of 1991)--- ----S. 13---Demand of pre-emption ---Talb-i-Muwathibat, is a first and immediate demand by a pre-emptor to make upon knowing of sale for proclaiming and pronouncement of his intention to exercise right of pre­emption by him ---Talb-i-Ishhad is a second demand by establishing evidence of it ---Pre-emptor, after making Talb-i-Muwathibat is obliged to perform second Talb known as Talb-i-Ishhad, as soon thereafter as possible. (b) Punjab Pre-emption Ordinance (IX of 1991)--- ----Ss. 2(c), 5 & 13---Right of pre-emption ---Right of Shuffa (pre-emption) being a feeble right formalities required for its enforcement must be strictly observed and there must be a clear proof of their observance---Unexplained delay in making requisite demands, would defeat pre-emption. Mst. Kharo and 2 others v. Sher Afzal alias Sheray 1992 SCMR 1844 and Zafar Ali v. Zainul Abidin and another 1992 SCMR 1886 ref. ORDER Petitioner in this Court was plaintiff in a pre-emption suit before the trial Court. Pre-emption suit was decreed on 28-5-1992 in his favour for 16 Kanals, 7 Marlas, upon payment of Rs. 22,690 as sale price to the vendee-respondent by or before 28-6-1992. In default of payment by due date, pre­emption suit was to stand dismissed with costs. On appeal by the vendee­ respondent, judgment and decree of the trial Court were reversed on 24-6-1992 by the learned District Judge, Attock, and pre-emption suit dismissed. Against this decision given in appeal, petitioner has come up in revision to this Court. Relevant facts shortly put are:-- By Mutation No. 663 sanctioned on 6-12-1990, Mubarik Shah sold 80 Kanals of land comprised in Khasras Nos. 395, 397, 400, 515, 526, 530 and 1217 in Revenue Estate Thatti Saidoo Shah, in Tehsil Pindigheb of District Attock to Ghulam Hussain respondent for a sum of Rs: 1,11,000. Said Muhammad Shah--petitioner claimed pre-emption in respect of 21 Kanals, 7 Marlas of land falling in Khasras Nos. 395, 397, 400, 515, 526 and 530, out of the total land. Superior right of pre-emption was asserted on the grounds of being a co-sharer; an owner of contiguous land, and, easementary right of a passage passing…

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