Law: Punjab Pre-emption Act, 1991

Section: 6,24

Punjab Pre-emption Act (IX of 1991)---

----Ss. 6 & 24---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for pre-emption---Deposit of 1/3rd of sale price in the Court---Limitation---Starting point---Mandatory for the court to direct plaintiff to make deposit in Court 1/3rd of the sale price of the suit property in cash within such period as the court would fix, but proviso (1) of S. 24 of -Punjab Pre-emption Act, 1991, had imposed limitation on the court to extend the time of deposit beyond 30 days of the filing of the suit, meaning thereby, that the court could, on the first date of hearing, fix any date for deposit of 1/3rd of sale price in cash in the court, but such period fixed by the court for deposit, would not be extended beyond 30 days and the day on which order was passed by the Court, directing the pre-emptor to make the deposit, should be excluded---By exclusion thereof, deposit made by pre-emptor, would be within 30 days time---Where no delinquency and default could be attributed to pre-emptor, dismissal of suit by Appellate Court for non-compliance of deposit of Zar-e-Soem 1/3rd was illegal and without jurisdiction, which could not be sustained in the eye of law---Impugned judgment and decree passed by Appellate Court was set aside and order passed by the Trial Court whereby permission was granted for deposit of 1/3rd, was restored.