Demand of pre-emption

Where sale document did not reflect the minority or majority of vendee, High Court observed that pre-emptor was not legally required to sue the vendee through next friend.

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.

Talb-i-Muwathibat is a jumping demand having its root in the right of pre-emptor but without any delay upon getting the knowledge of sale in question

Such is sine qua non for pre-emptor to mention in the plaint the date, time and place of making Talb-i-Muwathibat and also to produce the informer before the Court but neither it is requirement of law to produce a person who has conveyed the information to the informer of pre-emptor.

Not even a single line/side of any survey number of the disputed property was connected with the property owned by petitioner

Petitioner had no superior right on the ground of contiguity or compact block with the disputed property

Pre-emptor had proved his "talbs" in accordance with law, however, he could not prove his superior right being contigious owner of the property in dispute

Order of dismissal of the suit was maintained.

Right of pre-emption is not established until the demand is properly made in presence of the witnesses and it is requisite that it be made as soon as possible after the sale is known; for the right of pre-emption is a feeble right, as it is disseizing another of his property merely in order to apprehend inconvenience.

Contention of the appellant/pre-emptor was that the law laid down by the Supreme Court in Mian Pir Muhammad and another v. Faqir Muhammad reported as PLD 2007 SC 302 with regards to particulars of Talb-e-Muwathibat vis-a-vis time and place of making Talb-e-Muwathibit was per incuriam

Held, argument of pre-emptor/appellant was not persuasive, and appeal was therefore without merit

Appeal was dismissed, in circumstances.