Mandatory to avail the right of Talb-i-Khasoomat and deficiency in this regard entails dismissal of suit as declared fatal in a case

Mandatory to avail the right of Talb-i-Khasoomat and deficiency in this regard entails dismissal of suit as declared fatal in a case reported as Khan Afsar vs. Afsar Khan and others (2015 SCMR 311), relevant portion whereof is as under:-

 “The fact that the notice was merely sent would not suffice for the making of Talb-i-Ishhad. The vendee must be apprised about the intention of the preemptor. The acknowledgement due slip that was presented (Exhibit P.W.6/2) was also signed by the said Rashid Khan, and not by Muhammad Aslam Khan. Therefore, it cannot be stated that the requisite Talb-iIshhad had been made. The notice should have been served upon the vendee/addressee, Muhammad Aslam Khan.” 

 Part of Judgment 

 IN THE LAHORE HIGH COURT,LAHORE JUDICIAL DEPARTMENT

Civil Revision-Civil Revision(Against Decree)-Suit for Possession
2599-10

2017 LHC 5087