Law: Punjab Pre-emption Act, 1991

Section: 13(1)(a),13(1)(b)

Law: Punjab Pre-emption Act, 1991

Section: 13(1)(a),13(1)(b)

(a) Punjab Pre-emption Act (IX of 1991)-------S. 13(1) (a & b)---Talb-i-Muwathibat and Talb-i-Ishhad---Object and scope---Requirement of first demand i.e. Talb-i-Muwathibat being immediate is to ensure that potential pre-emptor genuinely and bona fide wishes to purchase land sought to be pre-empted---First demand does not envisage presence or knowledge of vendee---Second demand i.e. Talb-i-Ishhad is the only Talb, which postulates putting vendee on notice about pre-emptor's desire to purchase---Law mandates that Talb-i-Ishhad has to be sent through registered post acknowledgement due. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13(1)(b)---Talb-i-Ishhad---Sending notice in writing under registered cover acknowledgement due---Object---Requirement of "sending a notice in writing" is followed by a rider i.e. "under registered cover acknowledgement due", which signifies that intention of law is not merely a formal notice on the part of pre-emptor conveying his intention to pre-empt but a notice served on addressee to apprise him about his intention to pre-empt---If mere "sending of notice" was enough, it would make the expression "acknowledgement due" redundant---Service of addressee, as prescribed in law; therefore, is imperative---If acknowledgement card carries an endorsement of "refusal" or "not accepted", a presumption of service would arise unless rebutted. Thammiah, b. v. Election Officer (1980) 1q Kant L. 19 rel. (c) Punjab Pre-emption Act (1X of 1991)--- ----S. 13(1)(b)---General Clauses Act (X of 1897), S.27---Qanun-e-Shahadat (10 of 1984), Art.129 (e)---Talb-i-Ishhad notice---Service to addressee---Presumption---Onus to prove, shifting of---In terms of Art.129 of Qanun-e-Shahadat, 1984, read with S.27 of General Clauses Act, 1897, a presumption of service does arise if a notice sent through registered cover acknowledgement due is received back with endorsement of "refused" by postal authorities---If addressee appears in court and makes a statement on oath disowning receipt of notice, presumption under the provision of Art.129 of Qanun-e-Shahadat, 1984, stands rebutted and onus is on the party which is relying on such endorsement to prove the…

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