Jumping demand

Appellant/pre-emptor stated that when he learnt about the sale, there after inquiry and investigation, he approached the vendees and in the presence of witnesses demanded to hand over the suit-land but they refused

Pre-emptor, in his statement, had not uttered a single word that on learning about the sale he made Talab-i-Muwathibath in the same Majlis

Talab-i-Muwathibath should be made as soon as the fact of sale was known to the claimant

Suit for pre-emption was rightly dismissed

Appeal was dismissed, in circumstances.

Pre-emptor received information of sale at 8.20 a.m, while intention to pre-empt was made at 10 a.m., which demand could not be termed as "jumping demand"

Laxity in performance of Talb-e-Muwathibat which was a jumping demand be seen with rigor

Glaring contradictions in testimonies of witnesses in respect of time, date, place of making the Talb showed that Talb-e-Muwathibat was not performed in accordance with law

Delivery of notice, its receipt and acknowledgment-due had not been proved which were requirements of Talb-e-Ishhad

Orders of courts below did not suffer from any illegality or infirmity

Revision was dismissed.

For proving Talb-e-Muwathibat plaintiffs were required to state exact date, time and place of gaining knowledge because without proving the specific time, date and place of knowledge the plaintiffs could not prove jumping demand

When the plaintiffs prove that on such date at such specific time and place they gained knowledge only then they could prove that they announced their intention forthwith to file the suit for pre-emption which was called jumping demand

In the present case, there was difference of at least one hour as pleaded by the plaintiffs themselves with regard to gaining knowledge of the impugned sale and same was the position of Talb-e-Muwathibat

When the time was not specific the demand could not be said to be jumping demand as there was difference of one hour in the timing stated by the plaintiffs themselves

Plaintiffs had failed to plead and prove the specific time of gaining knowledge and jumping demand and had not proved Talb-e-Muwathibat in accordance with law

Appeal was dismissed.

Essence of the concept of jumping demand was its promptness and immediateness.