Law:

Section:

Punjab Pre-emption Act (I of 1913)--- ----S. 25---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction, exercise of---Pre-emptor/decree-holder deposited sale price in favour of vendee/ -debtor within time according to directions of Court, but erroneously while mentioning name of vendee in whose favour amount was to be deposited, pre-emptor also mentioned name of vendor in relevant column of Bank Challan---Execution application filed by pre-emptor, was dismissed by Executing Court accepting objection petition of vendee/ -debtor holding that decree-holder by depositing sale price -in favour of both vendee and vendor had failed to comply with direction contained in decree according to which amount was to be deposited in favour of vendee---Order dismissing execution petition of pre-emptor, was upheld by Appellate Court below ---Vendee/ -debtor had himself admitted that amount deposited by decree-holder in Court was not withdrawn by vendor whose name was erroneously mentioned in Bank challan alongwith vendee--­Addition of name of vendor in Bank challan which was due to inadvertence/oversight or mistake should have been ignored and such addition would not detract from validity of deposit in favour of vendee ---Compliance of direction as given in decree, having substantially been made by decree-holder by depositing amount within time, decree in favour of pre-emptor/decree-­holder was intact and should have been executed---Order of Courts below, suffered from illegality and jurisdictional defect, because, as a result of erroneous view taken by them they had failed to exercise jurisdiction vested in them 'under law---High Court in exercise of Constitutional jurisdiction, set aside orders of Courts below. JUDGMENT In this Constitutional petition, order dated 20-1-1992 passed by the learned Additional District Judge, Lahore through which revision petition filed by the petitioner against order dated 13-5-1991 passed by the learned trial Court for acceptance of objection petition filed by respondent No.l against execution of decree in favour of the petitioner for possession of land through pre-emption, was dismissed has been challenged. 2. On 18-9-1976 an…

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