Right of Pre-emption (Haq-e-Shufa) (Part 4)

Now I've told you exactly who the pre-emptors can be, what the classification is, which properties pre-emption can apply to, what demands are required. After filing the suit, once all demands are met, the sale consideration. Now, having told you this, let me go into a bit more detail: presenting evidence to fulfil talab-e-mowasibat, which witnesses must necessarily be produced. 1. The pre-emptor plaintiff himself. 2. The informant who gave the information. 3. One witness among those present who confirms that in his presence the informant gave the information and the pre-emptor plaintiff asserted his right of pre-emption. 4. A second witness. 5. The postman who carried that post, carried that mail. These witnesses are essential and must all tell a consistent story. The pre-emptor plaintiff must tell that story, the informant must tell that story, the witnesses must tell that story, and this whole matter will end with the postman. Now everything is complete, this is essential. 1. Now can the pre-emptor plaintiff's claim be pursued through a special power of attorney? No restriction, but that claim, though it could be filed, wouldn't be complete, because for the demands the pre-emptor plaintiff had to personally exercise, in that special power of attorney the right must be there for the special attorney to exercise the pre-emptor plaintiff's right on his behalf, whether it's a special or general power of attorney, if this authority is granted to him, then he'll fulfil all the demands, and then the pre-emptor plaintiff will be considered as acting on behalf of the actual owner. 2. Now here's another question, I am insane, I am a child, a minor, in this situation, or I am so ill that I've become mentally incapacitated due to illness, in this case, do they not have the right to be a pre-emptor plaintiff? The law says they do have the right of pre-emption, but they can exercise their right of pre-emption, exercise pre-emption, through a guardian, this is the procedure. 3. Third, companies, keep in mind regarding a company that a company is a person, it's an artificial person, a company has all the rights an ordinary person has. If a company has land, and another piece of land is adjacent to its land, the company can exercise the right of pre-emption. For this it needs to follow a formal procedure. Whoever they name, whoever they appoint, this is in the company's resolutions, whoever they select as their representative for the pre-emptor plaintiff, if this right is written into it, that the pre-emptor plaintiff's right can also be exercised on the company's behalf, and it's a right that predates the pre-emptor plaintiff's claim, then the company too can exercise pre-emption. It's not that after it's already been sold, they then pass a resolution, and after passing the resolution appoint that person, appoint a person and then say, sir, I have this right, no, there are countless complications in this, legal technicalities come in, I won't burden you with them. Now after this another issue comes up, now more than one co-sharer pre-emptor has exercised the right of pre-emption. Then what happens? I've already told you, it's based on priority, if a neighbouring pre-emptor has also exercised the right of pre-emption and a co-sharer pre-emptor has also exercised the right of pre-emption, the co-sharer pre-emptor takes priority, and if more than one co-sharer pre-emptor has exercised pre-emption, more than one dominant-tenement pre-emptor has exercised pre-emption, more than one neighbouring pre-emptor has exercised pre-emption, then, if they win, that property will be divided equally among them. If four neighbouring pre-emptors did it, four people who are neighbouring pre-emptors did it, and it's four acres of land, then each will get one acre. If there are four dominant-tenement pre-emptors, they'll each get one acre. If there are four co-sharer pre-emptors, they'll each get one acre. Now the question arises here: if a person who could have been a co-sharer pre-emptor, had he not bought it, has bought the property himself, can another co-sharer pre-emptor exercise the right of pre-emption against him? Yes, he can. If a co-sharer pre-emptor bought four acres and another co-sharer pre-emptor exercises pre-emption, then the one who bought it gets half, and the one who exercised the right of pre-emption gets half, meaning both have equal right. After this, if a person buys a property and B exercises the right of pre-emption against him, but the buyer is outside the country and you don't even know his address, then what's the procedure for you? In that situation, you need to send the notice to his permanent residential address to fulfil talab-e-ishhad, you need to send that notice to his permanent address, PLD 2009 page 49 Lahore. Now this whole chain is formed, and in this whole chain, its links, if even one is missing, your pre-emption structure will collapse entirely. You have the date but not the month, you have the month but not the year, you have the date, the month, the year, but not the time, you have the date, the month, the year, the time, but not the place. You have the place, the date, the time, the month, the year, but not the witnesses, the informant recants, in this situation you have no case, the chain must not break, that's talab-e-ishhad. Then it's not enough for you just to establish this chain, that you've stated it, that you've created talab-e-ishhad, this isn't enough, you need to prove the truthfulness of it, the witnesses need to meet the standard of truthfulness. It shouldn't be that a dacoit is a witness, a murderer is a witness, criminals won't work, if it's established they're criminals, it won't work, the witnesses need to be truthful. I hope this lecture I've given you on the law of the right of pre-emption will be useful and beneficial for you.