SC restores trial court verdict, dismisses pre-emption claim

ISLAMABAD, (APP - UrduPoint / Pakistan Point News - 24th Jun, 2026) The Supreme Court of Pakistan has ruled that in a suit for the right of pre-emption, the date, time and place of Talb-e-Muwathibat (immediate demand) must be specifically pleaded and proved, holding that failure to fulfill this mandatory legal requirement is fatal to the claim.

The Court set aside the judgments of the appellate court and the Peshawar High Court and restored 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 v. Saadullah Khan. The judgment was authored by Justice Shahid Bilal Hassan.

The dispute arose from the transfer of 6 kanals and 8 marlas of land in Kohat. Saadullah Khan had filed a pre-emption suit, claiming that upon learning about the sale of the property, he immediately exercised Talb-e-Muwathibat and subsequently completed the formalities of Talb-e-Ishhad (demand with witnesses).

However, the trial court dismissed the suit on the ground that the plaint did not specify the date and place where Talb-e-Muwathibat had allegedly been made.

The appellate court and later the Peshawar High Court overturned the trial court’s ruling and decreed the suit in favour of the plaintiff, prompting the appellants to approach the Supreme Court.

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In its judgment, the Supreme Court observed that the right of pre-emption is a weak and delicate right that can only be enforced through strict compliance with all statutory requirements. The Court emphasized that Talb-e-Muwathibat constitutes the very foundation of a pre-emption claim, making it essential for a claimant to clearly plead and prove the time, date and place at which the demand was made.

The bench held that where this fundamental requirement is absent, all subsequent proceedings lose their legal efficacy. Referring to a number of judicial precedents, the Court ruled that omission of the mandatory particulars of Talb-e-Muwathibat in the plaint amounts to a fatal defect, which cannot be cured by evidence produced at a later stage.

The Court further noted that the plaintiff had also failed to establish the complete chain of information regarding how he came to know about the sale transaction, thereby casting further doubt on the legal validity of the alleged demand.

Allowing the appeal, the Supreme Court set aside the judgments of the Peshawar High Court and the appellate court and restored the trial court’s decree dismissing the suit. The judgment underscores that even minor non-compliance with the mandatory legal requirements governing pre-emption claims can result in the failure of such claims.