Pre-emption Suit by Shafi Jaar (Neighbour)

IN THE COURT OF THE LEARNED CIVIL JUDGE, district

Civil Suit No. _____ of year For pre-emption under the Punjab Pre-emption Act 1991

plaintiff_name, son/daughter of plaintiff_father, aged about plaintiff_age years, resident of plaintiff_address, holder of CNIC No. plaintiff_cnic ... Plaintiff (Pre-emptor)

VERSUS

1. vendor_name, son/daughter of vendor_father, resident of vendor_address (Vendor); 2. vendee_name, son/daughter of vendee_father, resident of vendee_address (Vendee) ... Defendants

PLAINT FOR PRE-EMPTION UNDER THE PUNJAB PRE-EMPTION ACT 1991

Suit valuation for the purposes of court fee and jurisdiction: Rs. sale_consideration. Court fee paid: Rs. court_fee_paid affixed on the plaint.

Respectfully sheweth:

1. That the Plaintiff is the lawful owner of the immovable property adjacent and contiguous to the suit property described in paragraph 2 below, and is, by virtue of such ownership, the lawful pre-emptor (shafi jaar / neighbour) entitled to assert the statutory right of pre-emption under the Punjab Pre-emption Act 1991 in respect of any sale of the suit property.

2. DESCRIPTION OF THE SUIT PROPERTY: The suit property, in respect of which the right of pre-emption is asserted, is more particularly described as follows. property_description. Total measured area: total_area. Location: property_location. Boundaries: North: boundary_north; South: boundary_south; East: boundary_east; West: boundary_west. Estimated current market value: Rs. market_value.

3. REVENUE PARTICULARS: The suit property is recorded in the revenue record as Khewat No. khewat, Khatooni No. khatooni, Khasra Nos. khasra_numbers, in Mauza mauza, Tehsil tehsil, District district. The current Fard / Jamabandi entries are annexed.

4. PLAINTIFF'S PROPERTY ADJACENT TO SUIT PROPERTY: The Plaintiff is the owner in actual physical possession of the immovable property described as follows: plaintiff_property_description. The said property of the Plaintiff is contiguous and adjacent to the suit property, sharing a common boundary on the shared_boundary_direction side. The Plaintiff has been in possession of the said adjacent property since plaintiff_property_acquisition_date by virtue of plaintiff_property_acquisition_mode.

5. SALE OF THE SUIT PROPERTY: On sale_date, Defendant No. 1 (the Vendor) sold the suit property to Defendant No. 2 (the Vendee) by way of a registered sale deed bearing registration No. sale_deed_registration_number, dated sale_registration_date, executed before the Sub-Registrar, sub_registrar, for a sale consideration of Rs. sale_consideration. A certified copy of the sale deed is annexed and marked as Exhibit P-1.

6. MUTATION OF SALE: Pursuant to the sale, mutation No. sale_mutation_number, dated sale_mutation_date, was attested in favour of Defendant No. 2 in the revenue record. The Plaintiff first acquired definite knowledge of the sale on knowledge_date when knowledge_circumstances.

7. CATEGORY OF PRE-EMPTOR: Under Section 6 of the Punjab Pre-emption Act 1991, the right of pre-emption is conferred upon (a) Shafi Sharik (co-sharer in the property), (b) Shafi Khalit (participator in immunities and appendages), and (c) Shafi Jaar (owner of an adjoining immovable property). The Plaintiff falls in the third category, namely Shafi Jaar, and is accordingly entitled to pre-empt the sale.

8. TALAB-I-MUWATHIBAT (FIRST DEMAND): Immediately upon coming to know of the sale on knowledge_date, the Plaintiff made the first demand (talab-i-muwathibat) at the place of the receipt of information, in the presence of talab_muwathibat_witnesses (witnesses), expressly intending to exercise the right of pre-emption. The exact words spoken by the Plaintiff were: talab_muwathibat_words.

9. TALAB-I-ISHHAD (SECOND DEMAND BY ATTESTATION): Within a reasonable time thereafter, on talab_ishhad_date, and in the presence of two witnesses, namely talab_ishhad_witness_1 and talab_ishhad_witness_2, the Plaintiff made the second demand by attestation (talab-i-ishhad) by approaching the Vendor and the Vendee, expressly affirming the first demand and asserting the intention to exercise the right of pre-emption. A formal written notice was sent by registered post to the Vendor and the Vendee on the same date, bearing reference No. notice_reference, of which a copy is annexed.

10. TALAB-I-TAMLIK (THIRD DEMAND BY INSTITUTION OF SUIT): The present suit is filed as the third demand (talab-i-tamlik), by which the Plaintiff seeks judicial enforcement of the right of pre-emption. The suit is instituted within the prescribed period of limitation.

11. PLAINTIFF'S RIGHT TO PRE-EMPT: The Plaintiff, being the owner of the immovable property contiguous to and sharing a common boundary with the suit property, falls squarely within the definition of Shafi Jaar under the Punjab Pre-emption Act 1991. The right of pre-emption arose in favour of the Plaintiff at the moment of the sale and is preserved by the timely exercise of the talabs.

12. NO SUPERIOR PRE-EMPTOR: There is no Shafi Sharik or Shafi Khalit who has chosen to exercise the right of pre-emption in respect of the present sale. The Plaintiff, as the only pre-emptor exercising the right, is entitled to a decree.

13. SALE CONSIDERATION VERIFICATION: The Plaintiff is ready and willing to pay the entire sale consideration of Rs. sale_consideration, being the genuine sale price stated in the registered sale deed, into court at any time during the pendency of the suit, in compliance with Section 24 of the Punjab Pre-emption Act 1991. sale_price_authenticity.

14. POSSESSION POSITION: Since the date of the sale, possession of the suit property has been taken / not taken by the Vendee. possession_position. The Plaintiff prays for delivery of possession on payment of the sale consideration.

15. NO ESTOPPEL OR WAIVER: The Plaintiff has at no time waived, abandoned, or relinquished the right of pre-emption, whether expressly, impliedly, or by conduct. There is no estoppel against the Plaintiff.

16. JURISDICTION: This Honourable Court has territorial and pecuniary jurisdiction to entertain the present suit, the suit property being situated wholly within the territorial limits of this Court.

17. LIMITATION: The present suit is filed within the period of limitation of one year prescribed by Article 10 of the First Schedule to the Limitation Act 1908 read with Section 30 of the Punjab Pre-emption Act 1991, computed from the date of registration of the sale deed.

18. CAUSE OF ACTION: The cause of action accrued to the Plaintiff on sale_registration_date when the sale deed was registered, and again on knowledge_date when the Plaintiff acquired knowledge of the sale, and the talabs were timely exercised.

PRAYER

In view of the foregoing, the Plaintiff most respectfully prays that this Honourable Court, after hearing the parties and considering the evidence on record, may be pleased to:

(a) Pass a decree of pre-emption in favour of the Plaintiff and against the Defendants in respect of the suit property described in paragraph 2 above, on payment by the Plaintiff of the sale consideration of Rs. sale_consideration;

(b) Direct the Vendee (Defendant No. 2) to execute and register a deed of pre-emption / sale deed in favour of the Plaintiff in respect of the suit property, in accordance with Section 22 of the Specific Relief Act 1877;

(c) In the event of refusal by the Vendee to execute the said deed, authorise an officer of this Honourable Court to execute the same on the Vendee's behalf in accordance with Order XXI Rule 34 of the Code of Civil Procedure 1908;

(d) Direct delivery of vacant peaceful possession of the suit property to the Plaintiff;

(e) Restrain the Defendants by an order of temporary injunction during the pendency of the present suit from alienating, transferring, mortgaging, leasing, or otherwise dealing with the suit property in any manner;

(f) Award costs of the suit to the Plaintiff; and

(g) Grant any other or further relief that this Honourable Court may consider just, fit, and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 18 of the above plaint are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ plaintiff_name Plaintiff (Pre-emptor) Through: _____________________________ counsel_name Advocate