Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--S. 13---Pre-emption suit---Requirements of S.13, Punjab Pre-emption Act 1991 to be fulfilled by plaintiff. Section 13 of the Punjab Pre-emption Act, 1991 only provides that the plaintiff, while exercising the right of pre-emption, must firstly made demands referred to as (i) Talb-i-Muwathibat, (ii) Talb-.-Ishad and (iii) Tatb-i­Khusumat. Talb-i-Muwathibat vide Explanation'. (1) section 13 means, 'immediate demand by a pre-emptor in the sitting or meeting (Majlis) in which he has come to know of the sale, declaring his intention to exercise the ,right of pre-emption. The said Explanation section 3 further shows that any words indicative of intention to exercise the right-of 11ct-emption would be sufficient. Nothing can be spelt out from section Yi3itadnpeate that the pre-emptor would be obliged to state the place where Tatb-e-Wuarthibat was made or the manner in which it was made. No doubt, the pre-emptor-:would be required to mention the date on which such demand was made. Shaft Muhammad v. Muhammad Hazar Khan 1996 SCMR 346 ref. Amir Jan v. Haji Ghularn Muhammad PLD 1997 SC 883 distinguished. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Pre-emption suit--­Evidence iii respect of 3'alabs by pre-emptor---Pre-emptor being an old lady was within her right to lead evidence in the Court through her attorney who couia lawfully give evidence on her behalf. What clause (g) of Article 129 of Qanun-e-Shahadat, 1984 appears to be referring to is evidence and not witnesses. Since in the present, case, evidence in respect of the Talabs was produced by the respondent although, instead of her attorney stepped into the witness-box, reference to Article 129 of the Qanun-e-Shahadat was completely misconceived. The pre-emptor being an old woman was within her right to lead evidence in the Court through her attorney who could lawfully give evidence on her behalf. ORDER MAMOON KAZI, J.---Suit filed by the respondent for possession through pre-emption in respect of property bearing Khasra Nos.814, 852 and 951 situated in village Chak Baqar Shah, District Chakwal, was decreed in her favour…

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