9. If the facts stated in the plaint are compared to the
statement made by the petitioner during his crossexamination, then contradiction appears in the date and place
where allegedly a declaration to exercise right of pre-emption,
was made, which in turn creates doubt in making the first
Talb, that is, Talb-i-Muwathibat in accordance with law. Since
right of pre-emption is strict in character, the benefit of doubt
would go to the vendee and conclusion would be that the
petitioner had failed to prove the making of Talb-iMuwathibat in accordance with the prescribed conditions of
law. In this regard reliance may be placed on the case of
Mehmood Alam v. Mushtaq Ahmed, etc. (2017 Law Notes
238).
Part of Judgment
Lahore High court
Civil Revision
194717/18
2020 LHC 311
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