Law: N.W.F.P. Pre-emption Act, (XIV of 1950)

Section: 23(4)

N.W.-F.P. Pre-emption Act (XIV of 1950)--S.23(4)--Extension of time for deposit of pre-emption money--Discre­tion of trial Court is absolute and is not restricted by any statutory considerations--Court, therefore, can extend time for deposit of pre-emption money beyond last date for institution of suit--Section 23(4) contains no indication whatsoever of grounds on which time may or may not be extended. JUDGMENT MUHAMMAD MUNIR, C.J.-- This is an appeal from a revisional order of the 'Judicial Commissioner, N.-W.F.P., Peshawar. Haji Muhammad exchanged his land with Sultan Muhammad Khan. Khuda Bakhsh instituted a suit for the pre-emption of this land, alleging that the transaction of exchange was in fact a sale. The plaint was presented in Court on 12th December, 1953, and it came up for hearing before the Senior Subordinate Judge, Peshawar, on 28th December. On that day the Court issued summons to the defendant for 14th January, 1954, and ordered the plaintiff to deposit Rs.1,000 in Court as pre-emption money before that date. On 11th January, 1954, the plaintiff made an application requesting the Court to revise its order regarding the deposit of pre-emption money, on the ground that the land was under mortgage and that the money had to be paid to the mortgagee. This application was rejected on 14th January, 1954, and at the request of the plaintiff time for deposit was extended to 30th January, 1954, and the plaintiff was ordered to pay Rs.30 as damages. The defendant moved the High Court to revise the order extending the time for deposit and the learned Judicial Commissioner set aside the trial Court's order on the ground that the extension had been granted without any good and sufficient reasons in favour of a pre-emptor whose conduct had been mala fide. After hearing counsel on both sides we are of the opinion that the view taken by the learned Judicial Commissioner is unsustainable. Under section 23, subsection (4) it is for the Court to extend time for the deposit of the pre-emption money and that…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492