Law:

Section:

(a) Muhammadan Law------- Pre-emption---Non-pleading of Talbs during the period when there was no codified law in existence---Effect---Plaintiff's plea that no Talbs were necessary as no codified law was in force at the relevant time was misconceived---In absence of codified law, suit for pre-emption was to be instituted and decided in accordance with Muhammadan Law, Talb-e-Muwathibat being the starting point of pre-emption under that law. Muhammad Shabbir Ahmed Khan v. Government of Punjab Province PLD 1994 SC 1; Zaffarullah Khan v. Muhammad Khan 1993 SCMR 696; Rozi Khan and others v. Syed Karim Shah and others 1992 SCMR 445 and Zafar Ali v. Zainul Abidin and another 1992 SCMR 1886 rel. Muhammad Ismail v. Sakina Bibi PLD 1991 Lah. 60; Abdul Aziz v. Ahmed Bakhsh and others 1995 SCMR 725; Sardar Ali v. Muhammad Ali PLD 1988 SC 287; Muhammad Din v. Khalid Masood Ahmed Khan 1995 CLC 256 and Muhammad Sarwar v. Ashiq Ali PLD 1995 Lah.133 ref. (b) Punjab Pre-emption Act (IX of 1991)--- ----S.13---Non-pleading of Talb-e-Muwathibat in the same meeting and sitting on. learning about the sale ---Effect---Talb-e-Muwathibat, also termed as jumping demand, was required to be made in the same meeting and sitting without any loss of time---Where plaintiff who had learnt about sale, proceeded to collect the amount and then he went to the house of defendants, to make Talb-e-Muwathibat; same would not be in accordance with Muhammadan Law or Punjab Pre-emption Act, 1991. Muhammad Ashraf v. Muhammad Tahir and 6 others 1990 MLD 2399; Monajal Huq v. Shafiullah and others PLD 1964 Dacca 640; Sint. Sundri Bai v. Ghulam Hussain 1982 CLC 2441; Hedaya by Hamilton, p. 550; Zafar Ali v. Zainul Abidin and another 1992 SCMR 1886; Government of N: W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360; Muhammad Ismail Qureshi and another v. Government of N: W.F.P. and another 1992 PSC 75; Rujjuab Ali Chopedar v. Chundi Churn Bhadra and others 17 Cal. 543; Said Muhammad Shah v. Ghulam Hussain 1993 CLC 105; Sammundar Khan and 2 others v. Ali Zaman PLD 1984 Pesh. 12 and Mst. Safia Begum v. Ibrahim and 4 others PLD 1989 SC 314 rel. (c) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Non-pleading of…

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