2003 PLP 282 (CLC)

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13. Demand of pre‑emption.‑‑‑ (1) The right of pre‑emption of a person shall be extinguished unless such person makes demands of pre‑emption in the following order, namely:‑‑ (a) `Talb‑i‑Muwathibat'; (b) 'Talb‑i‑Ishhad'; and (c) ,Talb‑e‑Khusumat'. Explanation I. ,Talb‑e‑Muwathibat' means immediate demand by a pre‑emptor, in the sitting or meeting (Majlis) in which he has come to know of the sale, declaring his intention to exercise the right of pre emption. Note.‑‑‑ Any words indicative of intention to exercise the right of pre emption are sufficient. II. `Talb‑i‑Ishhad' means demand by establishing evidence. III. ,Talb‑e‑Khusumat' means demand by filing a suit. (2) .. (3) .. : (4) . ..

6. The word "immediate" used in the explanation of Talb‑i‑Muwathibat has great significance, therefore, it is advantageous to reproduce, its meaning as given in different dictionaries: Black's Law Dictionary (Fifth Edition) "Immediate" present; at once, without delay, not deferred bar any interval of time. In this sense, the word, without any very precise signification, denotes that action is or must be taken either instantly or without any considerable loss of time. A reasonable time in view of particular facts and circumstances of case under consideration." Chamber 21st Century Dictionary "Immediate" Nearest or next in space; having a direct effect and without anything coming in between. Concise Oxford Dictionary (Ninth Edition) "Immediate" occurring or done at once or without delay; Nearest or next in space; (an immediate reply) nearest, next; not separated by either.

7. Now we see the Talb‑i‑Muwathibat in the light of view of Sexena, a well‑known author of Muhammadan Law and the law laid down by the Courts. (i) Sexena in his book Know Muslim Law, 1954 Edition at page 689 while discussing about the promptness of Talb‑i‑Muwathibat observed as under:‑‑ "Under the Muslim, System it is necessary that a pre‑emptor should make demands known as Talbs. For performing the first 'Talb called Talb‑i‑Muwathibat it is necessary that the Shafi or pre‑emptor must declare his intention to assert his right as pre emptor immediately on receiving information of the sale. It is not necessary that he must do so in the presence of any witnesses, nor it is necessary that he must make any offer or tender the price at that stage " (ii) In the case of Monajal Huq v. Shafiullah PLD 1964 Dacca 640 His Lordship Idris, J. while dealing with the Talb‑i‑Muwathibat held as under:‑‑ "

7. A person entitled to pre‑emption must make the immediate claim to the right of pre‑emption called Talab‑e‑Muwasibat as soon as the fact of sale is known to him. The right is lost if there be any delay in claiming it." (iii) In the case of Smt. Sundri Bai v. Ghulam Hussain 1982 CLC 2441 my Lord Mr. Justice Saeeduzzaman Siddiqui made this subject more clear in the following words:‑‑ "'Talb‑e‑Muwasibat' is defined as the immediate claim. The `Shafee' must make this claim the moment he learns of the sale of the property and any delay in asserting this claim will invalidate the right of `Shafa' for the right of 'Shafa' is but of feeble nature. The Prophet (peace be upon him) has said `the right of Shafa is established in him who prefers his claim without delay (see Hedaya by Hamilton at page 550). The respondent has not explained the delay of about 1‑1/2 hours in making the Talb e‑Mowasibat. It has come in the evidence that the appellant was residing on the 1st floor while the respondent was on the ground floor of the same building. In these circumstances the delay of 1‑1/2 hours in making the first demand (Talb‑e‑Mowasibat) was fatal to the claim of 'Shafa' asserted by the respondent.)." (iv) In the case of Budho through Legal Representatives v. Karim Bux and 5 others 1985 CLC 1037 Honourable Ibadat Yar Khan, J. (as he then was) while discussing the importance of Talb‑e‑Mouwathibat observed as under:‑‑ "It may be stated that Talb‑e‑Mowasibat or the 'jumping demand' must be made as soon as the pre‑emptor is informed of the fact that the property in which he is claiming the right of pre emption has been sold away. This demand cannot be delayed for a single moment. Delay of even minutes or seconds would defeat the right."

8. It is clear from the above that it is incumbent upon a pre‑emptor to make Talb‑i‑Muwathibat at once without loosing any Moment on coming to know of the sale in which he is interested to exercise his right of pre‑emption. It is crystal clear from the statements of the plaintiff/petitioner as well as Haq Nawaz P.W.3 that the petitioner has failed to make Talb‑i‑Muawathibat (jumping demand) immediately/ instantly and not deferred by any interval of time, on coming to know about the sale, as required under section 13 of the Punjab Pre‑emption Act, 1991. As he has failed to make Talb‑i‑Muwathibat in accordance with section 13 of Act, 1991, therefore, he is not entitled to pre‑empt the sale and the Courts below have rightly dismissed his suit send appeal. There is no illegality or material irregularity established on record. The present revision petition is without any substance or force, as such the same is dismissed in limine. H.B.T./A‑598/L Revision dismissed.