Production of postman

Only duty of the pre-emptor is to dispatch the notice under cover of registered AD (acknowledgement due) with a proper address of the vendee and to prove it that notice was properly dispatched from the post office, if the facility is available, he is not required to serve it upon the vendee either himself or through postman, rather it is the duty of the postman

If it is not served, postman while appearing before the court will explain it and in case if the addressee denied the receipt of notice then his statement can serve the purpose of sending of a notice through registered envelope under acknowledgement due.

Suit for possession through pre-emption was dismissed concurrently on finding of non-performance of Talb-i-Ishhad, as postman was not produced as a witness by the plaintiff

Validity

On basis of available record, it was established that plaintiff did not produce postman to prove the due performance of Talb-i-Ishhad therefore he had not proved due performance of Talb-i-Ishhad and was not entitled to pre-emption decree

Appeal was dismissed.