Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------S. 13---Suit for pre-emption ---Talb-e-Muwathibat and Talb-e-Ishhad--­Proof---Plaintiffs claiming superior rights of pre-emption on ground of being co­sharers and Sharik contended that they had made Talb-i-Muwthibat and Talb-i­Ishhad as and when they came to know about sale of land under pre-emption and that they proclaimed that they would exercise their right of pre-emption ---Both pre-emptors did not appear in Court in proof of their assertion and evidence on record had proved that alleged Talbs were made not by pre-emptors, but by their special attorney who was husband and brother-in-law of pre-emptors respectively---"Talb-i-Muwathibat" means immediate demand by a pre-emptor in the sitting or meeting in which he had come to know of sale declaring his intention to exercise right of pre-emption ---In absence of any provision in Punjab Pre-emption Act, 1991, that a husband or a brother-in-law of a pre­emptor was entitled to make "Talb-i-Muwathibat and Talb-i-Ishhad", such person was not competent to make such Talbs---Pre-emptors having failed to prove making of necessary Talbs, their right of pre-emption stood extinguished---Appellate Court, thus rightly dismissed suit for pre-emption filed by the pre-emptors as their superior right of pre-emption stood extinguished. ORDER Evidenced through Mutation No. 790 dated 26-10-1991 Manzoor Hussain, Allah Yar and Muhammad Ramzan purchased the suit property comprising an area of 7 Kanals 4 Marlas of land. Claiming to be the co-sharers Band Sharik, Khaal Sharik, Passage Sharik and enjoying other facilities both Mst. Salma and Mst. Naziran daughters of Karam Din/petitioners-plaintiffs instituted their suit to pre-empt the said sale with the assertion that the land was their ' Zarorat' and that the respondents were responsible for ' Zarar' to them. They contended that when they came to know about the sale under pre-emption they proclaimed that they would exercise their right and that in the presence of Nazir Ahmad and Abdul Shakoor P.Ws. they offered an amount of Rs. 80,000 to the vendees as the sale price who did not agree. They asserted that they issued the written notice to the…

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