Demand of Pre emption

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-muwathibt’; (b) ‘talb-i-ishhad’; and (c) ‘talb-i-khusumat’. Explanation.— (I) ‘Talb-i-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-i-khusumat’ means demand by filing a suit. (2) When the fact of sale comes within the knowledge of pre-emptor through any source, he shall make talb-i-muwathibat. (3) Where a pre-emptor has made talb-i-muwathibat under sub-section (2), he shall as soon thereafter as possible but not later than two weeks from the date of knowledge make talb-i-ishhad by sending a notice in writing attested by two truthful witnesses, under registered cover acknowledgement due, to the vendee, confirming his intention to exercise the right of pre-emption: Provided that in areas where owing to lack of post office facilities it is not possible for the pre-emptor to give registered notice, he may make talb-i-ishhad in the presence of two truthful witnesses. (4) Where a pre-emptor has satisfied the requirements of talb-i-muwathibat under sub-section (2) and talb-i-ishhad under the sub-section (3), he shall make talb-i-khusumat in the court of competent jurisdiction to enforce his right of pre-emption.

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