Law:

Section:

(a) North-West Frontier Province Pre-emption Act (IV of 1987)------Ss. 6 & 13---Suit for pre-emption ---Three demands or Talbs--­Connotation of---Three demands asserting the right of pre-emption had their own respective connotations---First demand, i.e. Talb-e-Muwathibat or what was literally meant, the jumping demand was defined in the first Explanation to subsection (1) of S.13 of North-West Frontier Province Pre-emption Act, 1987 which envisages firstly; the act of prospective pre-emptor coming to know about the factum of a sale; secondly, such knowledge/information emanating from a sitting or meeting i.e. Majlis and; thirdly and rather fore-mostly declaration of his intention to exercise the right of pre-emption immediately on gaining the knowledge of .the sale---Person who intended to pre-empt a sale transaction by enforcing his right of pre-emption, would make an immediate demand in the sitting or meeting in which he had come to know of the sale declaring his intention to exercise the right of pre­ emption technically called `Talb-e-Muwathibat'---Pre-emptor, thereafter would be required to make the demand of `Talb-e-Ishhad' by establishing evidence as soon as possible, but not later than two weeks from the date of notice or knowledge whichever would be earlier, by sending a notice in writing attested by two truthful witnesses to the, vendee under a registered post cover with acknowledgment due, confirming his intention to exercise right of pre-emption; then would come the demand for `Talb-e-Khusumat' by filing a suit in a competent Court for enforcing his right of pre-emption---Mere assertion of defendant/vendee that plaintiff/pre-emptor had waived his' right of pre-emption by participating in suit transaction, without a positive attempt on his part to substantiate same, would be of no consequence ---Vendee, in a pre-emption case had to prove that the sale consideration mentioned in sale­ deed had been paid in good faith---Duty and obligation of vendee defendant was to prove payment of sale consideration statedly made by him. Haji Muhammad Saleem v. Khuda Bakhsh PLD 2003 SC 315 and Kabool Khan v. Shamoon through L.Rs. and others 2001 YL.R 51 ref. (b)…

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