Law:

Section:

(On appeal from the of Lahore High Court, Multan Bench dated 22-9-1994 passed in C. R. No. 1244 of 1994). (a) Punjab Pre-emption Act (IX of 1991)--S. 13(3)---Constitution of Pakistan (1973), Art. 185(3)---Pre-emption suit--­Performance of Talab-i-Ishhad---Pre-emptor had served the vendee with a notice making "Talab-i-Ishhad" as required by S.13(3), Punjab Pre-emption Act, 1991---Pre-emptor, however, was non-suited by the Courts, below on the ground that the notice was not attested by two truthful witnesses---Leave to appeal was granted by Supreme Court to consider the contentions that names of the witnesses were mentioned in the notice; that the requirement of attestation of the notice by two truthful witnesses was a procedural requirement; that its substantial compliance was sufficient and that the valuable right of the pre­emptor could not be defeated on the highly technical ground that the notice was not attested by the witnesses. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13(3)---Performance of Talab-i-Ishhad-----Object-----Provisions of S.13(3), Punjab Pre-emption Act, 1991 relating to notice of "Talab-i-Ishhad" being procedural in nature same could not be considered as mandatory so as to result From the contents of the above notice it is quite clear that the petitioner made Talab-i-Muwathibat on 15-2-1993 and on the following day i.e. 16-2-1993 he claimed to have made Talab-i-Ishhad in presence of two witnesses whose names were disclosed in the said notice. No doubt the notice did not contain the attestation of the said two witnesses but after reading the contents of the notice and the evidence of two witnesses on the preliminary issue we are of the view that the provisions contained in section 13(3) of the Act are substantially complied with. The appellant, therefore, could not be non-suited on the ground that the notice of Talab-i-lshhad sent by him through registered post A.D., did nor contain the attestation of the two witnesses whose names are mentioned in the said notice. The learned counsel for the respondent has relied on the following cases in support of his contention that as the appellant failed to strictly comply with the provisions of…

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