Law: Punjab Pre-emption Act, 1991

Section: 13

(a) Punjab Pre emption Act (IX of 1991)   S. 13 Pre emption suit was instituted on 16 5 1991 whereas the mutation of sale was sanctioned in favour of the vendee on 13 4 1991 thus plaintiff was deemed to have acquired knowledge of attestation of the mutation of sale within two weeks thereof Demand of pre emption was though raised in the pleading as contemplated by S. 13, Punjab Pre emption Act, 1991 yet plaintiff, had failed to prove that he had made the first demand viz. Talab e Mawathibat before the filing of pre emption suit Effect Failure to prove that plaintiff had made the first demand, Talab e Mawthibat, would extinguish his right of pre emption. (b) Punjab Pre emption Act (IX of 1991)  ` S 13 Right of pre emption Such right of a person should be extinguished unless he makes demand of pre emption in the order of (i) Talab e-¬Mawathibat, (ii) Talab e Ishhad, and (iii) Talab e Khasumat Pre emptor has to make reference to his first demand Talab e Mawathibat while making second Talab, the Talab Ishhad Non fulfilment of requirements of Talabs in the prescribed order would not entitle the plaintiff to decree of pre¬emption. Section 13 of the Punjab Pre emption Act, 1991 prescribes that the right of pre emption of a person shall be extinguished unless such person makes demand of pre emption in the following order:  (i) Talab e Mawathibat; (ii) Talab e Ishhad; and (iii) Talab e Khasumet. Subsection (2) of section 13 of the Act provides that when the fact of sale comes within the knowledge of a pre emptor through any source, he shall make Talab Mawathibat. [p. 1513) B The right of pre emption being a very weak right in property, section 13 of the Act contemplates a maximum period of two weeks for making Talab lshhad and for failure to do so the right of pre emption is extinguished. It is necessary for the pre emptor to make reference to his first demand, the Talab Mawathibat while making the second Talab, the Talab i¬Ishhad. The rationale behind is to put restriction on exercise of said right, which is based on a tradition of the Holy Prophet (peace be upon him). Non fulfilment of requirements of Talabs would not entitle the plaintiff to decree…

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