The Notice of Talb-e-ishhad in Pre-emption Cases Must not be in a Form of Printed Proforma: SC
Talb-e-ishhad is a mandatory requirement in pre-emption cases which means a demand by establishing evidence. Another requirement is Talb-e-muatbat which means an immediate demand by the pre-emptor that he wishes to preempt the property. These are the mandatory requirements for a pre-emptor to assert his right o pre-emption in relation to a property being sold which is adjacent to his property.
The question is what if these two notices of demand are reduced into ready-made pamphlet or proforma. Would they still be valid in the eyes of the law or not ?. Recently a case involving a similar question came before the Supreme Court for adjudication wherein the pre-emptor had served a notice of Talb-e-ishhad on the seller of the land in a printed form which was printed on ready made proforma. The Court held that the law requires the pre-emptor to fulfil all the legal requirements with application of mind. A stereotyped or a ready made proforma prepared by a petition writer in a very generic manner is accepted for Talb-e-ishhad, this would defeat the purpose of the pre-emption laws which is to ascertain whether the true intent of the pre-emptor and whether it would vex or cause irritation to the pre-emptor if sold to a third person.
The Court held that a tailor-made or a customised notice, not callous and imprecise one, can be used to serve as Talb-e-ishhad on the seller. The Court at the end dismissed the CPLA.
c.a._179_2016
