Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Civil Procedure Code (V of 1908), S. 155---Suit for pre-emption by female---Husband of pre-emptor, lady performing Talbs on behalf of his wife--­Validity---Husband of pre-emptor lady claiming to be her representative, couldnot have performed Talbs on behalf of his wife---Where right of pre-emptionhas to be acquired in future even power of attorney could not be executed bywife in favour of husband about fulfilment of Talb-i-Muwathibat---Husband ofpre-emptor, however, was not her attorney at the time of making of first Talb--­Pre-emptor's superior pre-emptive right, thus stood extinguished due to negligence on her part for non-performance of Talbs in accordance withlaw. (b) Punjab Pre-emption Act (IX of 1991)--- ---S. 13---Husband making Talbs on behalf of his wife---Husband's disentitlement to act as representative of his wife in making of Talbs stated and elucidated. , There is no law that at the time of making of Talb-i-Muwathibat as well as Talb-i-Ishhad husband of female prospective pre-emptor was entitled to proceed as her representative. In the eyes of law "person" includes a male and a female. No distinction has been made between 'male and female in the matter of exercise of right of pre-emption starting from Talb-i-Muwathibat to Talb-I-­Khusumat even though the suit could be instituted by the Attorney of the pre­emptor for Talb-i-Khusumat (i.e. institution of the relevant suit). An analysis of the Talb-i-Muwathibat would make out that the said type of Talb has not to be made in the presence of the vendee(s) or the strangers and that also outside the home of the prospective pre-emptor. Talb-i-Muwathibat could be made by male or female pre-emptor at 'the place he or she was sitting alongwith some other person(s) commonly known as Majlis as expressed in the statutory law and the female being a Pardahnashin lady could not derive any legal benefit in case the said type of Talb was not made by her personally. It would not be necessary that the Majlis consists of strangers sitting out of the house, Majhs could be that of, nears arid dears inside the house. Admittedly plaintiff had herself not mad…

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