Law:

Section:

(a) Muhammadan Law- ---- Pre-emption---Conditions for assertion of right of pre-emption ---Talb-I-­Muwathibat and Talb-i-Ishhad arc conditions precedent to the exercise of right of pre-emption ---Formalities attached with such demands must be strictly observed and clear proof of their observance is a must for exercise of right of pre-emption ---Non-observance of "'albs would render suit liable for dismissal. The right of Shuffa by Hidaya ref. (b) Pre-emption--- ---- Assertion of right of pre-emption after lapse of one year ---Validity---Non­ observance of Talbs---Effect-_-Sales transaction, entries in Revenue Record and possession of land in question, were effected on the same day distance between place of residence of plaintiff and that of defendant was just about two kilometres which could be covered in a few minutes---plaintiffs land on basis of which he vas claiming pre-emption was adjacent to land in question--­ Plaintiff could not explain as to why he came to now about the sale after lapse of one: year--Plait did not disclose about the fact as to when plaintiff came to know or hen he gnat information abut the sale---Plaintiff messes also could not tell the date, month and year when Talbs were made---Suit for pre-emption could not succeed on account of same having been filed after a lapse of one year as also for non-observance of Talbs. (c) Muhammadan Law--- ----Pre-emption---Mode for observance of Talbs---Talb-i-Muwathibat need not be performed in presence of witnesses, pre-emptor, however, should make his intention known in some way ---Talb-i-Ishhad, on the other hand, was necessarily to be made before witnesses and while making such demand pre­ emptor should have expressly referred to Talb-i-Muwathibat which he had made earlier---None of the witnesses disclosing that pre-emptor while making Talb-i-Ishhad had referred to Talb-i-Muwathibat, which he had statedly made earlier---Plaintiffs right of pre-emption, if any, could not succeed in circumstances. (d) Muhammadan Law--- ----Pre-emption---Plaintiff's right to pre-empt land in question---Right of pre­emption being a feeble right was meant to avoid inconvenience to the owner of adjacent land---Documents…

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