Case Details

Citation(s)
1986 SLG 570 1986 SLD 570 1986 SCMR 687
Supreme Court of Pakistan
Civil Petition No. 1021 of 1975, decision dated: 13-02-1981. (On appeal from the judgment and order of the Lahore High Court, dated 23rd October, 1975 passed in Cr. No.120/75/BWP).
ANWARUL HAQ, C.J. AND SHAFIUR RAHMAN, J

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INAYATULLAH and others

VS

Mst. KHURSHID AKHTAR

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Punjab Pre-emption Act (I of 1913), S. 22--Deposit of Zar-e-Panjum-- Extension of time by appellate Court impugned--Plea that extension of time in favour of pre-emptor could not be grained unless sufficient and reasonable cause was shown, repelled--Question of extension of time for deposit of Zar-e-Panjum was a matter within discretion of trial Court and exercise of such discretion was open to correction by appellate Court--There being no compelling reason to hold that discretion vesting in Court had not been properly exercised by District Judge and no question of law of any importance arising, Supreme Court declined to interfere--Petition dismissed. Hadayat Ullah v. Murad Ali Khan P L D 1972 S C 69; Abdul Wahid v. Ibrahim P L D 1966 B.J. 8; Muhammad Zaman Khan v. Ditta P L D 1967 Lah. 1068 and Niaz Ali v. Ibrahim P L D 1967 Lah. 1057 ref. A.H. Najafi, Advocate Supreme Court and Wajid Hussain Advocate-on-Record for Petitioners. ORDER ANWARUL HAQ, C.J.--This petition seeks leave to appeal against the judgment, dated the 23rd of October, 1975 of the Lahore High Court, by which a revision petition filed by present petitioners, was dismissed. The respondent Khurshid Akhtar had filed a suit for pre-empting the sale of agricultural land in favour of the present petitioners by one Muhammad Tariq. On the 18th of March, 1975, the learned Civil Judge directed the respondent to deposit 1/5th of the sale price before the 9th of April, 1975. Instead of depositing the required sum on that day, the respondent moved an application before the District Court; in the absence of the trial Judge, praying that owing to some misunderstanding on her part, she had not been able to deposit 1/5th of the sale price before the appointed date, and, accordingly, an extension of time may be granted. She expressed her willingness to deposit the amount on that very day, namely, the 9th of April, 1975. This application was forwarded to the trial Court by the learned District Judge, Bahawalnai;ar, and was dismissed on the 30th April, 1975. As a result, the respondents plaint was rejected. The learned Civil Judge observed that there could be no…
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