Law: Punjab Pre-emption Act, 1991

Section: 24,24(4)

Law: Civil Procedure Code (V of 1908)

Section: 114,47(a)

(a) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 24 & 28---Zar-e-Soem, deposit of-Thirty days from the filing of the suit---Application for re-fixation of probable value and Zar-e-Soem---Maintainability---Court had no jurisdiction or discretion to extend the time on revision of the earlier order or even to direct deposit of an additional amount thereto to make up the deficiency or otherwise---Statutory period of 30 days having elapsed, Court had no jurisdiction or discretion to order further deposit of Zar-e-Soem by revising of its , earlier order---Application for refixation of the probable value and Zar­e-Soem was not maintainable. (b) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 24 & 28---Determination of probable value of the property by the Court---Principles elucidated. Under S.24 of the Punjab Pre-emption Act, 1991, the probable value of the property can be determined by the Court when:- (i) No sale price is mentioned in the sale-deed; or (ii) No sale price is mentioned in the mutation; or (iii) The price mentioned in the sale-deed or the mutation appears to be inflated. In each of the above three cases, the Court is mandatorily required by the use of word 'shall' to determine the probable value of the property, to direct deposit of 1/3rd of such probable value within 30 days of the suit as per the first proviso of section 24 Punjab Pre-emption Act, 1991. Trial Court had the jurisdiction to determine the probable value in summary/preliminary inquiry on the basis of the material placed before it by the plaintiff and also to provisionally opine that the price as stipulated in the sale-deed was prima facie inflated. In the present case Trial Court had considered the sale-deeds and Aust Yaksala produced by the plaintiff to approximate the probable value also disbelieving the value pleaded by the plaintiff. Trial Court had properly exercised his jurisdiction to hold the preliminary/summary inquiry on the material before it. As a result of this inquiry held on the first hearing of the suit, the plaintiff was validly directed to deposit the amount of 1 /3rd of the said probable value within the period of 30 days prescribed in the first Proviso to…

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