Law: Punjab Pre-emption Act, 1991

Section: 13

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Pre-emption suit---Talb-i-Muwathibat; performance of---Non­-mentioning in plaint name of witness having conveyed information of sale to pre-emptor and witnesses happened to be present in meeting in which Talb-i-Muwathibat was made---Mentioning in plaint only names of two witnesses of Talb-i-Ishhad---Held: Pre-emptor for not having pleaded necessary particulars of Talb-i-Muwathibat in plaint had not satisfied the requirement of law. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Talb-i-Muwathibat and Talb-i-Ishhad, performance of---Necessity and proof---Concept of Talbs not merely a formality in Pre-emption Law, rather a mandatory requirement for exercise of right of pre-emption---Not possible for pre-emptor to succeed in suit without making such Talbs in accordance with requirement of S.13 of Punjab Pre-emption Act, 1991---Strict proof of Talbs would be required for exercise of right of pre-emption---Burden of proving requisite Talbs would lie on pre-emptor---Without mentioning in plaint making of Talb­i-Muwathibat with necessary particulars, such burden could not be discharged on basis of general assertion made in the plaint---In absence of proper proof of making Talb-i-Muwathibat, pre-emptor could not succeed in suit---Principles. According to section 13 of the Punjab pre-emption Act, 1991, the performance of Talb-i-Muwathibat and Talb-i-Ishhad is essential for exercise of right of pre-emption, and if the first or second Talb is not made in accordance with the requirement of section 13 (ibid), then pre-emptor cannot succeed in the pre-emption suit. Talb-i-Muwathibat is immediate demand of exercise of right of pre-emption on receipt of information of sale in the sitting in which pre-emptor receives information, and unless the place of meeting and time of making demand is mentioned in the plaint, it is not possible for pre-emptor to successfully establish the performance of Talb-i-Muwathibat, and in absence of proper proof of making first Talb, pre-emptor cannot succeed in the suit. The law does not require to make the gist of evidence in the pleading, but in the suit for pre-emption, omission of…

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