Law:

Section:

Punjab Pre-emption Act. (I of 1913)--- S. 4-Decree--Error rectified Later-Limitation-Compromise decree for entire area in dispute passed -Decree-sheet had to con­form to such decree and not to original entries in plaint-Agreed period of one year, held, could not start running until such time as an executable decree existed in field and such a decree came into existence only when error corrected by trial Court.-[Decree--Limi­tation] ORDER ANWARUL HAQ, J.-In two pre-emption suits concerning the same sale transaction a compromise decree was passed on the 19th of February, 1962 under which the respondents were allowed one year's time to take possession of the pre-empted land by executing the decree on payment of Rs. 6,407. It was further stipulated that if they failed to execute the decree with the specified time, the same would stand cancelled and the suit of the rival pre-emptors. i. e. the petitioners before us, would stand decreed. The respondents applied on 3rd November, 1962 for the correction of the decree as they discovered that the area of the disputed land had been shown in the decree-sheet as 50 kanals 6 marlas only instead of 60 kanals 6 marlas. This application was rejected by the trial Court on 16th January, 1963, but a second application was allowed on 26th March, 1963. Two days thereafter, the respondents moved for the execution of the decree. The present petitioners moved an application before the executing Court praying that they be allowed to deposit the pre-emption money as the respondents Mst. Mumtaz Begum etc. had failed to get the decree executed within one year as stipulated under the compromise. This appli­cation was, however dismissed by the trial Court on 13th November, 1963 on the ground that the parties could not, by a mutual arrangement, reduce the statutory period of three years provided for the execution of the decree. The Court also noticed the fact that the respondents had been making efforts to get the decree rectified before taking out execution. This order of the trial Court was, however, reversed in appeal by the learned District Judge; Jhelum, by his order dated the 1st of April, 1964. He took the view that the respondents had…

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