MUZAMIL AKHTAR SHABIR, J. -- States that the petitioner has called in question the order dated 03.02.2018 passed by Addl. District Judge, Sahiwal and order dated 17.09.2016 passed by Civil Judge, Sahiwal whereby suit for pre-emption filed by the petitioner was dismissed due to non- performance of Talabs. Relies upon Inayat v. Nadir Khan (2007 SCMR 1702) and Hayat Muhammad and others v. Mazhar Hussain (2006 SCMR 1410) in support of his claim to argue that the Talabs had rightly been performed and therefore, the impugned orders were liable to be set aside and the petitioner was entitled to have the suit decreed.
2. As per statement of pre-emptor/Muhammad Nazir PW-1(Petitioner), he made Talb-i-Muwathibat half an hour after the informer informed him regarding sale of the suit property whereas informer/PW-4 (Muhammad Khalil) has stated that after 10 to 15 minutes of the information given to the petitioner, Talb-i-Muwathibat was performed. Talb-i-Muwathibat is a "jumping demand" and if a person makes consultation or ponders over the information for some time before making the demand, he could not say that he had made a "jumping demand" which is the essence of Talb-i-Muwathibat. Reliance in this regard may be placed on Abdul Haq v. Muhammad Sajjad (PLD 2012 Lahore 480). Besides the facts of the case-law relied upon by learned counsel for the petitioner are distinguishable from the facts and circumstances of the instant case as in the afore- said cases the question of making demand with delay had not been considered rather the case of Inayat (Supra) relates to the time when information was received and demand was made whereas the case of Hayat Muhammad (Supra) relates to notice issued by the pre-emptor. In the instant case, the petitioner has failed to establish that Talb-i-Muwathibat was made within time as required under the law. Resultantly, the performance of remaining Talabs would become inconsequential and the suit for pre-emption is liable to be dismissed. Consequently, no ground to interfere in the concurrent findings of both the Courts below is made out. Resultantly, this petition being devoid of any force is hereby dismissed in limine.