| Citation(s) |
|---|
| 2010 SLG 1155 2010 SLD 1155 2010 PLJ 484 |
Lahore High Court
C.R. No. 576 of 2009, decided & hearing on 20.04.2009.
RAJA MUHAMMAD SHAFQAT KHAN ABBASI, JUSTICE
Mr. Muhammad Amin Lone, Advocate for Petitioner.
C.R. No. 576 of 2009, decided & hearing on 20.04.2009.
RAJA MUHAMMAD SHAFQAT KHAN ABBASI, JUSTICE
Mr. Muhammad Amin Lone, Advocate for Petitioner.
RANA MUHAMMAD BOOTA AND ANOTHERS
VS
MUHAMMAD AMIR
Law:
Section:
Punjab Pre-emption Act, 1991 (IX of 1991)-- ----S. 24(2)--Civil Procedure Code, (V of 1908), S. 115 & O. VII, R. 11--Right of pre-emption on the ground that they were owners--Application u/Order VII, Rule 11 of CPC was filed on the ground that they by concealing that facts with mala fide intention about valuation of property only deposited zar-e-soem--No Court can extend time as prescribed in S. 24(2) of Pre-emption Act--Suit was barred by limitation--Civil revision--Question of--Whether provisions of S. 24 of Pre-emption Act, are directory or mandatory in nature--Validity--Deposit of 1/3rd of sale price of the property has to be deposited upto 30 days of the filing of suit and not beyond that and the amount has to be determined through a process of approximation resulting in the probable value if there is nothing mentioned in sale-deed or the mutation--Period has been prescribed by statute, which was mandatory--Trial Court would have no jurisdiction to extend the time--Held: Courts below have rightly held that the petitioner had misled the trial Court with a mala fide intention fixed lesser zar-e-soem considering the price of land--Trial Court was not authorized to extend the limit of 30 days of deposit of zar-e-soem has not been able to point out any illegality or perversity of reasoning or jurisdiction error in impugned order and decree of Courts below calling for interference of High Court in its revisional jurisdictions dismissed. Administration of Justice-- ----When law required a particular thing is to be done in a manner, it has to be done in that manner. PLD 1997 Lah. 549, 1992 SCMR 746, PLD 1971 SC 61, 1995 CLC 957 & 1995 CLC 2202, ref. THIS ORDER PASSED BY: RAJA MUHAMMAD SHAFQAT KHAN ABBASI, JUSTICE---.--- The petitioners, namely, Rana Muhammad Boota and Barkat Ali sons of Jalal Din, by filing this civil revision under Section 115 C.P.C. have called in question the judgment and decree dated 23.12.2008 passed by the learned Additional District Judge, Ferozewala, District Sheikhupura, whereby he dismissed their appeal confirming the order dated 19.5.2008 passed by the learned Civil Judge 1st Class, Jhang, whereby he while accepting the…
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