Law: Punjab Pre-emption Act, 1913

Section: 13,13(2)

Law: Constitution of Pakistan, 1973

Section: 85(2)(d)

(a) Punjab Pre-emption Act (IX of 1991)-------S. 13---Pre-emption, suit for---Details of performance of Talb-i-Muwathibat and Talb-i-Ishhad---Mandatory to mention in plaint date, time and place of knowledge about sale and making of Talb-i-Muwathibat as in absence thereof it was not possible to calculate correctly 14 days' time for making Talb-i-Ishhad---Non-mentioning in plaint date, place and time of making Talb-i-Muwathibat and date of issuing notice of Talb-i-Ishhad, would be fatal to suit---Principles. In a suit for pre-emption mentioning of date, place and time of making Talb-i-Muwathibat, in the plaint, is mandatory because in the absence of proper date, place and time, the time given in section 13(3) of the Punjab Pre-emption Act, 1991 (hereinafter referred as the Act) for making Talb-i-Ishhad which is 14 days, cannot be correctly calculated. It is necessary that as soon as the pre-emptor acquires knowledge of sale of pre-empted property, he would make immediate demand about his desire and intention to assert his right of pre-emption without slightest loss of time and after making Talb-i-Muwathibat in terms of section 13(2) of the Punjab Pre-emption Act, the pre-emptor has another legal obligation to perform i.e. Talb-i-Ishhad as soon as possible after making of Talb-i-Muwathibat, but not later than two weeks from the date of knowledge/performance of Talb-i-Muwathibat. The mentioning of date, place and time in the plaint in a suit for pre-emption is mandatory regarding Talb-i-Muwathibat because from such date the time provided by the statute for making of Talb-i-Ishhad i.e. 14 days, can be calculated. If there is no mention of date, place and time of knowledge about sale and making of Talb-i-Muwathibat, then it would be very difficult to give effect to section 13(3) of the Act and there is every possibility that instead of allowing letter of law to remain in force, the pre-emptor may attempt to get a latitude by claiming any date of performance of Talb-i-Muwathibat in his statement in court and then on the basis of the same, try to justify the delay, if any, occurring in the performance of Talb-i-Ishhad. Performance of both these Talbs is a sine qua non…

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