Law: Constitution of Pakistan, 1973

Section: 185(3)

Punjab Pre-emption Act (I of 1913)--Ss. 15 & 22--Constitution of Pakistan (1973), Art. 185 (3)--Pre-emption amount deposited after stipulated time--Such deposit was rectified by Supreme Court-­Challenge to pre-emption decree before the Executing Court on the ground that since entire pre-emption amount was not deposited within the stipulated time suit automatically stood dismissed, held, was rightly turned down by the Courts below. Ch. Ghulam Mujtaba, Advocate-on-Record for Petitioners. Sardar Sami Hayat, Advocate Supreme Court for Respondent. Date of hearing: 11th October, 1988. ORDER ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the order of a learned Single Judge of the Lahore High Court, dated 7-7-1985, whereby the revision petition filed by Muhammad Sher and others has been dismissed. 2. The respondent's suit for possession of certain land through pre-emption was decreed by the trial Court on 27-1-1970 on the condition of his depositing Rs. 40.000 by 27-3-1970. The respondent did not deposit the whole of the pre­emption amount and filed an appeal before the Additional District Judge. It was during the pendency of the appeal that the respondent deposited a sum of Rs. 22,000. The appeal of the respondent was dismissed by the Additional District Judge on 5-12-1970 but he was granted time to deposit the remaining sum of Rs. 18,000 up to 5-1-1971. The respondent in fact deposited the remaining sum of Rs. 18,000 on 19-1-1971. The decree was assailed by the petitioners in the High Court but the same was…

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