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 deposited sale price of the property one day beyond statutory period---Failure to plead Acknowledgment-due card for dispatch of notice of Talb---Effect challenged the concurrent dismissal of suit---Suit was dismissed on two counts; firstly, that zar-e-soem was deposited one day beyond the time required by first proviso of S.24 of the Punjab Pre-emption Act, 1991; secondly, the performance of requisite demands was not duly proved---Validity---Starting and ending day of thirty days could not be excluded for making good 1/3rd of the sale price, as such the Trial Court had justifiably concluded that its deposit was one day beyond the statutory period---Study of plaint though reflected that notices were dispatched, yet it nowhere disclosed to have been made through registered post accompanied by Acknowledgement Due Card---Impugned s were perfectly rendered by the Courts below---Revision petition was dismissed, in circumstances. Nabi Ahmed and others v. Muhammad Arshad and others 2008 SCMR 1685 not foll. Muhammad Tufail v. Mst. Akhtari Begum PLD 2019 Lah. 153; Hasnain Nawaz Khan v. Ghulam Akbar and another PLD 2013 SC 489; Malik Tariq Mehmood and others v. Ghulam Ahmed and others PLD 2017 SC 674; Muhammad Jahangir v. Muhammad Abbas and 2 others 2004 CLC 538; Raja v. Tanvir Riaz and others 2006 CLC 1455; Wali Muhammad through L. Rs. and others v. Ghulam Nabi 2018 MLD 1044 and Federation of Pakistan through Secretary Ministry of Defence and another v. Jaffar Khan and others PLD 2010 SC 604 ref. Awal Noor v. District Judge, Karak and 8 others 1992 SCMR 746; Hafiz Muhammad Ramzan v. Muhammad Bakhsh PLD 2012 SC 764 and Basharat Ali Khan v. Muhammad Akbar 2017 SCMR 309 rel. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 24 to deposit sale price of the property---Scope---Section 24, Punjab Pre-emption Act, 1991, unambiguously and unequivocally confirms that it is mandatory in nature and made obligatory for the Court seized of the suit to require the pre-emptor to deposit zar-e-soem within maximum thirty days of institution of the suit, otherwise, he has to face consequences…

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