Case Details

Citation(s)
1981 SLG 3405 = 1981 SLD 3405 = 1981 CLC 398
Lahore High Court
Regular Second Appeal No. 1043 of 1965, decided on 9th July, 1980.
Presented By: Muhammad Afzal Lone, J
M. Riaz Anwar for Appellant. M. Pervaiz Akhtar for
Respondents.

Mst. SAKINA BEGUM-Defendant/Appellant

VERSUS

Mst. SURAT BIBI-Respondent

Law: Punjab Pre-emption Act, 1913

Section: 22(5) (a)

(a) Punjab Pre-emption Act (I of 1913)  S. 22-Deposit of security-Legislature's object in insisting upon deposit or furnishing of security by a pre-emptor-To safeguard vendee against frivolous proceedings on pact of prospective pre emptors. (b) Punjab Pre-emption Act (I of 1913) S. 22(5) (a)-Dismissal of appeal for withdrawal of one-fifth amount-Appellate Court may direct appellant to make deposit at any time before final determination of appeal-Pre-emptor-appellant who on dismissal of his suit withdraws one-fifth of pre-emption money would be bound to deposit same in Court only if ordered by Appellate Court but need not volunteer such payment-Pre-emptor's appeal cannot be dismissed if no such order made-Appellant having deposited one-fifth in trial Court withdrawing same at appellate stage without permission of Court-Held, would not be immune from action under subsection (5) (a)-[Paras Ram v. Dulpat Rai A I R 1920 Lab. 46 and Prem Singh v. Lakha Singh and others A I R 1929 Lab. 387 dissented…
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