Law: Punjab Pre-emption Act (I of 1913)

Section: 22 (5) (a)

(a) Punjab Pre-emption Act (I of 1913)  S. 22 (5) (a)-Pre-emption money withdrawn without leave of Court-Provisions of S. 22(5)(a) being mandatory, suit or appeal, held; liable to be dismissed. Paras Ram v. Dalpat Rai 54 I C 268 ; Prem Singh v. Lakha Singh and others A I R 1929 Lah. 387 and Abdul Ghafoor and another v. Mst. Igbal Begum and another P L D 1975 Lah. 524 fol. Gokal Chand v. Sanwal-Das. Sohan Lal and othres I L R 5 Lah. 109 ; Qudrat-un-Nissa Bibi v. Abdul Rashid and others I L R 48 All. 616 ; Sanwal Das v. Jaigo Mal and others 79 I C 448 ; Mt. Bibi Aisha v. Shadi Khan A I R 1935 Pesh. 148 ; Kisan Diwaloo Mali v. Ganga Bai A I R 1939 Nag. 229 and Muhammad Ramzan v. Muhammad Khan and another 1972 S C M R 442 ref. (b) Punjab Pre-emption Act (I of 1913)  S. 22(5) (a)-.-Delay-Contention that respondent took exception to withdrawal of pre-emption money after a long time, as such objection not maintainable--Held, objection involved a question of law hence, could be raised at any stage of proceedings.-[Question of law Delay]. (e) Punjab Pre-emption Act (I of 1913) S. 22 (2) (1)-Condonation of delay-Court can extend time for deposit of one-fifth of sale price but amount if withdrawn by preemptor without leave of Court notwithstanding having applied for same amounts to giving affront to Court, hence, held, such lapse not to be overlooked.-[Condonation of delay]. Date of hearing : 25th June 1979.                                                                                                                             JUDGMENT Two suits for pre-emption were filed in respect of the land involved in this regular second appeal-one by respondent No. 1, Muhammad Aslam and the other by the appellants, Ismail and another. The suit of the said respondent was dismissed by the trial Court but the rival suit brought by the appellants was decreed on payment…