Law:

Section:

Court Fees Act (VII of 1870)---S. 7, para. (vi)--Punjab Pre-emption Act (I of 1913), S.21--Pre­emption, suit for--Consideration of sale shown as Rs.22,000 in sale-deed but pre-emptor alleging consideration to be only Rs.10,000--Suit decreed but Trial Court holding sale price of Rs.22,000 to have been fixed in good faith --Pre-emptor filing appeal seeking reduction of purchase price to Rs.10,000 and memo of appeal stamped with court-fee on Rs.10,000--Appellate Court on being apprised of deficiency in payrtient of court-fee found court-fee to be deficient but nevertheless entertained the appeal on merit and while dismissing appeal called upon appellant to deposit purchase price by a certain date--Contention that memo: of appeal having not been stamped with proper court-fee there was no proper appeal and the Appellate Court was not competent to extend date of depositing the purchase price repelled by Supreme Court. [p. 7091 A et seq Firm Nihal Chand Atma Ram v. Sardari Mal A I R 1926 Leh. 558 and Amir Shah Muhammad v. Syed Shah Muhammad A I R 1931 Leh. 237 ref. JUDGMENT SAAD SAOOD JAN, J.--This is an appeal by special leave from the judgment dated 10-4-1978 of the Lahore High Court dismissing the second appeal of the appellants from the judgment of the Additional District Judge, Multan. 2. By a registered sale-deed dated 26-10-1959, the appellants purchased .about 27 Kanals of land situate in the area of Jangamal Wala of Mauza Daulatabad, Tehsil Multan, for an ostensible consideration of Rs.22,000. Khurshid Akbar Khan, respondent No.l filed a suit for pre-emption, alleging inter alia that the actual price fixed and paid by the appellants was only Rs.10,000 and that an inflated amount had been shown in the sale-deed. He valued the suit for the purpose of court-fee at Rs.6,398-7-0, which was equivalent to 15 times of the net profits of the preceding year. The trial Court decreed the suit and also held that the sale price mentioned in the sale-deed was fixed in good faith and was actually paid; accordingly, it directed that respondent No.l should deposit the sum of Rs.22,000 less the tar-e-Panjum till 15-4-1965, failing which the suit would stand dismissed.…

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