Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)-------Ss. 6 & 13---Civil Procedure Code (V of 1908), S.115---Suit for pre­emption-Making of Talbs---Three demands asserting the right of pre-emption had their own respective connotations---First demand i.e. 'Talb­i-Muwathibat' or what was literally meant, the jumping; firstly envisaged the act of prospective pre-emptor coming to know of the fact of a sale; secondly, such knowledge/information emanating from a sitting or meeting i.e. Majlis; and thirdly and rather foremostly 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-i-Muwathibat"---Pre-emptor thereafter, would be required to make demand of "Talb-i-lshhad" 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, whichever could be earlier, by sending a notice in writing attested by two truthful witnesses to the vendee, confirming his intention to exercise the right of pre-emption---Then would come demand for "Talb­i-Khusumat" 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-i-Muwathibat immediately after hearing about the sale--Delay in performing ceremony was fatal to that right---When Talb-i-Muwathibat was not made instantly on coming to know of the sale, the right of pre-emption was lost and a short delay would not be excused---Pre-emption right, being a feeble right, pre-emptor seeking to exercise such right was required to perform and fulfil its requirements meticulously and any failure in that behalf would deprive him of success in getting a pre-emption decree--Trial Court in the present case had dismissed suit holding that plaintiff had failed to prove.…

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