Скачать или смотреть 2nd demand in suit for preemption

After Talb-e-Muwathibt, obtain copies of your property on the basis of which you have right of pre emption and copy of mutation or sale deed of the property for which pre emption is claimed.

Now the second stage comes when lawyer or legal expert is to be consulted. A legal notice attested by two witnesses is to be prepared and sent to the purchaser. This notice must be sent to purchaser within two weeks of the date of talb-e-muwathibt.


This notice contains your name, witnesses name and the name of the person who drafted it. All these person shall sign it and later on, appear in court as PWs. The time, date and place of drafting are to be mentioned in the notice. The notice shall also contain the facts mentioned of the first stage that is talb-e-muwathibt. Then the notice is to be dispatched to the purchaser by retaining its copy. Dispatch is to be made through a registered post with acknowledgement due. The receipt for issuance of notice and copy of notice shall be kept in safe custody and later on, these shall be produced in evidence in court. It is to be kept in mind that just sending notice is not enough; rather its delivery is to be proved. So follow the notice and ensure its delivery by post man to the purchaser by locating the purchaser, as service on any other person is not considered as service for the meaning of suit for pre emption. When notice is delivered, ensure that post man obtains signature of purchaser on acknowledgment due and returns it to you. You are also to ensure that post man mentions the time and date and place of delivery of notice in its record/register with the name of receiver and the name of person who identified the purchaser or the mode of identification of purchaser. If the purchaser refuses to receive the notice, the sealed envelope shall be returned to you. The post man shall also record complete information for refusal and return and his attempts to deliver him notice. Later on, in court, you have to produce that sealed notice and receipt, acknowledgment due and record of post man through the statement of post man. If the notice is accepted by the purchaser, then you shall file an application in court requiring the purchaser to file the notice in court in original. If he refuses, then seek permission from court for secondary evidence and file the copy of notice, which you retained at the time of dispatch, in the court. This second stage is called talb-e-ishahad.