Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)-------Ss.6 & 13---Suit for pre-emption ---Three demands/Talbs---Meaning--­Three demands/Talbs; Talb-e-Muwathibat; Talb-e-Ishhad and; Talb-e-Khusumat, asserting the right of pre-emption, had their own respective connotation ---Talb-e-Muwathibat literally meant, the jumping demand, envisaged, firstly, the act of prospective pre-emptor coming to know of 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 demand of "Talb-e-Ishhad" by establishing evidence as soon as possible, but not later than two weeks from the date of notice under S. 32 of North-West Frontier Province Pre-emption Act, 1987 or knowledge, whichever could be earlier by sending a notice in writing, attested by two truthful witnesses to the vendee under a registered non, covet with acknowledgment due confirming his intention to exercise the right of pre-emption. then would come tile demand for "Talb-e-Khusuma;" by filing a suit in a competent Court for enforcing his right of pre-emption ---Pre-emption right could not be exercised unless and until the pre-emptor had performed the ceremony of Talb-e-Muwathibat immediately after hearing the sale--­Delay in performing the ceremony would be fatal to right of pre­emption ---When Talb-e-Muwathibat was not made instantly on coming to know of the sale, the right of pre-emptor was lost---Short delay would not be excused. Abdul Qayyum v. Muhammad Amin 2001 SCMR 1651; Yar Muhammad Khan v. Bashir Ahmad PLD 2003 Pesh. 179; Haji Din Muhammad through Legal Heirs v. Mst. Hajra Bibi and others PLD 2002 Pesh. 21; Altaf Hussain v. Abdul Hamid and Abdul Majid through Legal…

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