Law: Punjab Pre-emption Act, 1913

Section: 4,22

Punjab Pre-emption Act (I of 1913)--- ----Ss. 4 & 22---Pre-emption suit---Non-deposit of pre-emption money in time---Effect---Plaintiffs, in the present case had been granted 30 days to deposit pre-emption money with effect from 6-4-1967 ( and decree of the Trial Court) and by the time plaintiffs filed appeal i.e. 4-5-1967, a period of 28 days had already lapsed---Judgment of the Trial Court was suspended by the Appellate Court on 5-5-1967 while admitting appeal of the plaintiffs but said appeal was dismissed on 2-9-1968---Plaintiffs deposited the pre-emption money on 8-10-1968 which was after a delay of 36 days after the of Appellate Court and if the period of 28 days (between the Trial Courts' the filing of appeal before the Appellate Court) was added, after a delay of 46 days---Law was strict in matters of deposit of ,pre-emption money---No direction, in the present case was given by the Appellate Court while dismissing plaintiffs' appeal to deposit the pre-emption money within reasonable time and the effect was that the pre-emption money had to be deposited in terms of the and decree of the Trial Court i.e. within 30 days---Resultantly the suit was dismissed for non-deposit of pre-emption money. Dost Muhammad v. Nazar Hussain Khan 1984 SCMR 325 distinguished.Khurshid Akbar v,. Mian Manzoor Ahmed and another 1982 PSC 812 ref. ORDER TASSADUQ HUSSAIN JILLANI, J.--- Through this petition, leave is sought against the judgment, dated 13-1-2004 passed by a learned Single Judge of the Lahore High Court vide which petitioner's Regular Second Appeal No.15 of 1994 directed against the judgment and decree of the learned District Judge was dismissed. (2). The facts necessary for disposal of this petition are that respondents filed pre-emption suit qua the transaction of sale subject-matter of this petition. The suit was decreed by the trial Court vide judgment and decree dated 6-4-1967 and respondent/plaintiffs were directed to deposit the pre-emption money by 15th May, 1967 i.e. within 30 days. Respondent filed an appeal against the afore-referred judgment on question of price of the suit-land on 4-5-1967 and the District Judge suspended the operation of the…

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