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Essentials Requirements To Demand Pre-Emption

Under Punjab pre-emption law, there are three essential requirements to demand pre-emption: [1] Talab-i-Muwathbat (immediate demand with two witnesses upon learning of the sale), [2] Talab-i-Ishhad (establishing evidence of the demand within 14 days through written or oral notice), and [3] Talab-i-Khusumat (filing a lawsuit within 120 days in the competent court). The right of pre-emption is a personal right that can only be exercised by demanding it in the specified manner; otherwise, the right will be lost.

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Muhammad Furquan
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2K views2 pages

Essentials Requirements To Demand Pre-Emption

Under Punjab pre-emption law, there are three essential requirements to demand pre-emption: [1] Talab-i-Muwathbat (immediate demand with two witnesses upon learning of the sale), [2] Talab-i-Ishhad (establishing evidence of the demand within 14 days through written or oral notice), and [3] Talab-i-Khusumat (filing a lawsuit within 120 days in the competent court). The right of pre-emption is a personal right that can only be exercised by demanding it in the specified manner; otherwise, the right will be lost.

Uploaded by

Muhammad Furquan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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ESSENTIALS REQUIREMENTS TO DEMAND PRE-

EMPTION
1-INTRODUCTION:

Under Punjab pre- emption act right of pre- emption can be acquired by
demand from person who has right of pre- emption. if there is no demand by
the person having this right of pre- emption is lost.

2-RELEVANT PROVISIONS:

Section 13 Punjab pre- emption act.

3-DEMAND OF PRE- EMPTION:

There are certain requirements or conditions which are to be performed by


the pre- emption to enable him to claim the right of pre- emption. No person
is entitled to claim unless such person makes demands of pre- emption.

4. ESSENTIALS REQUIREMENT TO DEMAND A RIGHT OF PRE-


EMPTION:

Sec. 13 clearly says that right of pre- emption is extinguished if no demand


is made namely.

1) Talab-i-Muwathbat.
2) Talab-i-Ishhad.
3) Talab-i-Khusumat.
1) TALAB-I-MUWATHBAT:
Talab-i-Muwathbat means immediate demand by a pre- emptor, in
sitting or meeting (Majlis) in which he has come to know of the sale,
declaring his intention to exercise a right of pre- emption.
a) NUMBER OF WITNESSES:
There must be two witnesses for Talab-i-Muwathbat.
b) CONDITIONS:
i. Talab-i-Muwathbat must be made on the completion of
sale.
ii. Talb-i-Muwatbat must be made on knowing of sale.
iii. It should be made in the meeting in which sale is known.
2) TALAB-I-ISHAD:
Talab-i-Ishad means demand by establishing evidence. it is second
demand.
CASE LAW: 1993 CLC 105
It was held that pre- emptor after making Talb-i- Muwathbat is obliged
in perform second demand known as Talib-i- Ishad, as soon therefore
as possible.

a) PROCEDURE:
It should be made within 14 days of Talb-i-Muwathbat. It may be
made to purchaser by giving a notice.
b) FORM OF NOTICE:
Notice must be in writing or oral.
3) TALAB-I-KHUSUMAT:
Talab-i-Khusumat means demand by filing a suit. it is third demand
which consists of the institution of the suit of pre- emption.
a) CONDITIONS:
i. Suit must be filed in the competent court.
ii. It should be made within 120 days of Talb-i-Muwthibat.

5-PERSONS WHO CAN MAKE DEMAND:

Following are the persons who can make demand.

1) Pre- emptor; or
2) His agent; or
3) His guardian.

6-CONCLUSION:

To conclude I can say that tight of pre- emption is a personal right, it can be
acquired only if requirement of Sec. 13 are fulfilled. This right can also be
lost if no demand in made by the pre- emptor. The right of pre- emption is
recognized in favour of person having interest connected with the property
subject to sale. It is a week type of right.

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