Law:

Section:

Pre-emption-Suit for-Plaintiff depositing Zar-e-Punjam a day later than that fixed by Court but otherwise having made effort to deposit money within time by getting challan passed by Court-­Held, plaintiff made valid tender to Court 'and it was sufficient compliance with order of Court. Ch. Khalil-ur-Rehman, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing : 29th June 1972. ORDER WAHEEDUDDIN AHMAD, J.--The respondent filed a suit for possession of the land in dispute by pre-emption. The learned trial Court fixed the case for 24th May 1968, and passed an order under section 22(1) of the Pre-emption Act requiring the respon­dent to deposit 1/5th of the probable value of the land in dispute before the 24th May 1968. The respondent failed to deposit the amount. On the 23rd May 1968, he moved an application for extension of time. The learned trial Court extended time up to 31st May 1968. The amount was not even deposited on the 31st -May 1968, and instead the amount was deposited on the 1st June 1968. The petitioner, thereupon, raised an objection that the suit was liable to be dismissed under section 2(4) of the Act as the amount had not been deposited in time. The respondent filed an affidavit on the 12th June 1968, stating that he could not deposit the amount on…

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