7. Conjoint reading of sub-sections (1) and (2) of Section
13 of the Punjab Pre-Emption Act, 1991 suggests that first
step to structure the right of pre-emption is to make immediate
demand in the sitting or meeting (Majlis) in which the preemptor has come to know of the sale through any source,
declaring his intention to exercise the right of pre-emption.
Such demand is called Talb-i-Muwathibat. The element of
immediacy is embedded in this demand as otherwise it stands
extinguished on a delay of the shortest interval. It is for this
reason the Hon’ble Supreme Court of Pakistan in the cases of
Mian PIR MUHAMMAD and another v. FAQIR
MUHAMMAD through L.Rs and others (PLD 2007 SC 302),
Mst. Bashiran Begum v. Nazar Hussain and another (PLD
2008 SC 559), Haq Nawaz v. Muhammad Kabir (2009
SCMR 630), Section Officer, Government of the Punjab,
Finance Department and others v. Ghulam Shabbir (2011
SCMR 1545), Fazal ur Rehman v. Khurshid Ali and another
(2012 SCMR 635), and Muhammad Ismail v. Muhammad
Yousaf (2012 SCMR 911) has held that it is mandatory for the
pre-emptor to mention in the plaint the place, date, time and name of the witnesses before whom the Talb-i-Muwathibat
was made; and, that non-compliance thereof is fatal.
Lahore High court
Civil Revision
194717/18
2020 LHC 311
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