The date, time and place of Talb-e-Muwathibat (immediate demand) must be specifically pleaded and proven.
ISLAMABAD:
The Supreme Court has ruled that in a suit for right of first refusal, the date, time and place of Talb-e-Muwathibat (immediate demand) must be specifically pleaded and proven, holding that failure to comply with this mandatory legal requirement is fatal to the suit.
The high court set aside the judgments of the appellate court and the Peshawar High Court (PHC) and reinstated the trial court’s decision dismissing the suit.
According to a detailed judgment, a three-member bench comprising Justice Muhammad Ali Mazhar, Justice Musarrat Hilali and Justice Shahid Bilal Hassan heard the case titled Sherzali and Others vs. Saadullah Khan. The ruling was written by Judge Hassan.
The dispute arose over the transfer of six kanals and eight marlas of land in Kohat. Saadullah had filed a preventive suit, alleging that on learning about the sale of the property, he immediately exercised the Talb-e-Muwathibat and subsequently completed the formalities of the Talb-e-Ishhad (suit with witnesses).
However, the trial court dismissed the suit on the ground that the suit did not specify the date and place where Talb-e-Muwathibat was allegedly made.
In its judgment, the apex court observed that right of first refusal is a weak and delicate right which can be enforced only by strict compliance with all legal requirements. He stressed that Talb-e-Muwathibat constitutes the very basis of a claim of preference, making it essential for the plaintiff to clearly allege and prove the time, date and place of the claim.
The court held that in the absence of this fundamental requirement, all subsequent proceedings lose their legal effectiveness. Referring to a series of judicial precedents, the Supreme Court ruled that the omission of the mandatory particulars of Talb-e-Muwathibat in the complaint amounts to a fatal defect, which cannot be cured by evidence presented at a later stage.
He further noted that the plaintiff had also failed to establish the complete chain of information.
