Law: Punjab Pre-emption Act, 1991

Section: 13,13(3)

(a) Punjab Pre-emption Act (IX of 1991)------S. 133---Suit for pre-emption ---Provision of S.13, Punjab Pre-emption Act, 1991 can only be regarded to have been complied with when all steps of performance of Talbs preceding the filing of suit are duly performed --- Talb-i-Muwathibat --- Significance --- Talb-i-Muwathibat is so important that it has to be asserted and exercised and should not be taken lightly and should not be considered as a mere technicality----Talb-i-Muwathibat, at times, acquires such dimension that it becomes more important than the superior right because it is a sine qua non of the right of pre-emption and unless Talb-i Muwathibat is performed superior right would be of no avail---Very right of pre-emption is not activated unless Talb-i-Muwathibat is performed----Disclosure has to be made by the plaintiff, either in the notice or in the plaint as to who informed the plaintiff about the transaction where and at what time plaintiff' acquired such knowledge or information---Expression and do not refer to any definite place or meeting, plaintiff has to be specific and straightforward about this initial step in the performance of Talb-i-Muwathibat---Non-production of informer, the star witness about the alleged performance of Talb-i-Muwathibat, would give rise to an adverse inference against plaintiff. Muhammad Mal Khan v. Allah Yar Khan 2002 SCMR 235; Muhammad Saleem v. Khuda Bakhsh PLD 2003 SC 315; Said Kamal Shah's case PLD 1986 SC 360 and Akbar Ali Khan and others v. Mukamil Shah and others 2005 SCMR 431 ref. (b) Punjab Pre-emption Act (1X of 1991)--- ----S. 13---Demands (Talbs) of pre-emption ---Underlining idea and rationale behind the provisions of 5.13, Punjab Pre-emption Act, 1991 elucidated. The underlining idea and rationale behind the provisions of section 13 of the Punjab Pre-emption Act, 1991 as to the performance of Talks (demands) in sequential order and the manner prescribed for that purpose, appear to be that the prospective pre-emptor should come forward faithfully in a straightforward manner, the moment he acquires knowledge of the transaction of sale. Great emphasis has been laid in subsection (3) of section 13 of the Act to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492