Law: Constitution of Pakistan, 1973

Section: 185(3)

Punjab Pre-emption Act (I of 1913)--S.15--Civil Procedure Code (V of 1908), OXX, R.14--Constitution of Pakistan (1973), Art. 185(3)--Pre-emptor was to deposit pre-emption amount before specified date--Such amount was however, deposited on specified date and not before that date--Effect--High Court's view, that in absence of valid extension of time by a competent forum, after time for deposit of pre-emption money had run out, and such amount having not been deposited in time, pre-emption decree became void and pre-emption suit stood automatically dismissed, was endorsed by Supreme Court--Petition for leave to appeal being devoid of merit was dismissed in circumstances. Mirza Anwar Beg, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 17th October, 1988. ORDER NASIM HASAN SHAH, J.--The petitioners' suit for possession through pre-emption was decreed by a Civil Judge First Class, Kahuta. The sale price was fixed at Rs.4,000 and the petitioners were directed to deposit the balance sale price, after deducting the amount of Zar-e-Punjam, before 4-12-1977 failing which the suit was to be deemed to have been dismissed. The deposit, however, was made on 4-12-1977 and not before 4-12-1977 as directed by the Court. Notwithstanding the above, the suit land was, thereafter, mutated in favour of the pre-emptor on 29-12-1980 in execution of the…

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