Скачать или смотреть 3rd demand in suit for preemption

Now, the third stage comes, that is filing of suit in court for the enforcement of your right of pre emption praying the court to decree your case. This filing of suit in court called talb-e-khusumat. This suit must be filed within four months from the date of sale. When you file suit, you have to deposit one third of sale price in court. This deposit must be made in cash. The maximum time to deposit is thirty days from the date of filing of suit.
The plaint shall and must contain specific details of following facts;
• Your complete information of property on the basis of which you are exercising your right of pre emption such as khewat, khatooni, khasra, property number etc;
• The name of the seller and detail of his property which he sold;
• The name of the purchaser;
• The detail of purchase such as sale deed number, mutation number etc;
• The date, time and place on which and where you came to know;
• At that sitting, name of the person who was sitting with you;
• Reason for which or why he was with you at that time;
• The name of the person who came to you and informed you about sale;
• How informer came to know about sale;
• The facts including exact words that you made an immediate jumping demand that you will purchase that property;
• That you pronounced your right of pre emption and made demand without any loss of time and any further consultation with anyone including the person present there. You have to pronounce immediately, the moment informer informed you about sale, that you shall purchase that property;
• That you accompanied by attesting witnesses went to lawyer and scriber of notice of talb-e-ishahd;
• He drafted the notice on your instructions;
• Notice was signed by you and attesting witnesses;
• That you dispatched the notice under registered post number such and such;
• That notice was accompanied by acknowledgment due;
• That it was served or not served as the case may be;
• That being co sharer or neighbor having right of shafi sharik, shafi khalit, and shafi jar, you have preferential right of pre emption;
• That if property is not given to you, you are bound to suffer zarar;
• That you asked the defendant to receive the sale price and transfer property in your name but he refused;
It is to be kept in mind that if any of the detail is missing in the plaint, or if any of the fact and sequence is not performed by you, your suit shall fail. So be cautious to perform all the above mentioned facts in the manner, sequence and detail given above.