Law: Punjab Pre-emption Act, 1991

Section: 13,24

(a) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 13 & 24---Suit for possession through pre-emption---Deposit of 'zar-e-soem' after statutory period---Effect---Extension of period for deposit of 'zar-e-soem'---Ignorance of law---Effect---Plaintiff filed suit on 04-12-2014 and Trial Court on the same day directed him to deposit 'zar-e-soem' till 05-01-2015---Pre-emptor deposited the 'zar-e-soem' on the said date but defendant filed application for dismissal of suit on the ground that 'zar-e-soem' was not deposited within time---Application for dismissal of suit was accepted and suit was dismissed concurrently---Contention of plaintiff was that for calculation of 30 days the day on which order was passed for depositing 'zar-e-soem' should be excluded---Validity---Trial Court had required the pre-emptor to deposit one third amount of sale price of the suit property in cash within such period as might be fixed but same could not be extended beyond 30 days from the date of filing the suit---Plaintiff filed suit on 04-12-2014 and on the same day Trial Court directed him to deposit one third of the sale price mentioned therein till the next date fixed by the Court i.e. 05-01-2015---Pre-emptor deposited the required amount on 05-01-2015 (Monday) beyond thirty days of filing of the suit---Trial Court was not competent to fix the date beyond 30-days for deposit of 'zar-e-soem'---Provision for deposit of 'zar-e-soem' was mandatory and not directory---If Trial Court by misconception or for any reason fixed the date beyond the period of 30-days even then it could not be the reason for extension of limitation---Period of thirty days should be counted from the day of filing of the suit---Pre-emptor was bound to deposit one third of sale price as soon as he instituted the suit in the court---Calculation of period for thirty days completed on 02-01-2015 (Thursday)---Plaintiff was bound to deposit zar-e-soem till 02-01-2015 rather till the date of 05-01-2015 fixed by the Trial Court---Starting and ending day of thirty days could not be excluded for deposit of one third amount of sale price---Pre-emptor was bound to deposit zar-e-soem within a maximum period of thirty…

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