Suit for possession through pre and Talb - i emption Pre - requisites --- Talb - i - muwathibat ishhad --- If performance of a single Talb is skipped or not proved , the superstructure and edifice of possession through pre - emption falls on the ground .

 2023 SCMR 1113

Suit for possession through pre and Talb - i emption Pre - requisites --- Talb - i - muwathibat ishhad --- If performance of a single Talb is skipped or not proved , the superstructure and edifice of possession through pre - emption falls on the ground .

Suit for possession through pre - emption --- Notice of " Talb - i - ishhad ' , sending of Service on only one of the two vendees --- Effect --- Not service in the eyes of law --- In the present case to prove the notice of Talb - i - ishhad , although the plaintiff / pre - emptor had produced the Postman , however , a bare perusal of his statement showed that the notices were not directly delivered to the defendants / vendees " T " and " R " - .. Postman stated that it was defendant / vendee " B " who , had received the notices on behalf of the other two defendants / vendees --- Similarly , the notice sent to defendant / vendee " AJ " was received by another defendant " AG " --- Such fact was also admitted by the plaintiff himself in his amended suit filed by him before the learned Trial Court --- Suit for possession through pre - emption had been rightly dismissed --- Appeal was dismissed . ---- S . 13 ( 3 ) --- Suit for possession through pre - emption --- Pre requisite --- Notice of ' Talb - i - ishhad ' --- Service of Talb - i - ishhad is a pre - requisite and if the performance of the same is not ( c ) 1113 proved beyond any shadow as well as in the prescribed form , then the whole structure falls on the ground .