Law:

Section:

Punjab Pre-emption Act (I of 1913)...----Ss. 21 & 25---Suit for pre-emption ---Consent decree---Compromise arrived at between the parties was passed in favour of pre-emptor on the basis of subject to deposit of decretal amount including amount of Zar-e-Panjum up to specified date failing which suit was to stand dismissed ---Pre-emptor/decree­-holder who failed to deposit amount according to direction of Court, had contended that he had paid decretal amount to vendee out of Court vide his receipt---Decree-holder had failed to produce said receipt of amount claimed to have been paid by him to vendees out of Court and some of vendees who appeared in Court had also denied receipt of such amount---Held, when Court had directed pre-emptor/decree-holder to deposit decretal amount, he had no option, but to deposit same in Court and he could not rely on payment out of Court, especially when such payment was denied by -debtor---Contention of decree-holder that -debtors had filed application for withdrawal of Zar-e-Panjum amount was also of no avail t4 decree-holder because -debtors had also denied having riled any such application---Since receipt of amount was neither, produced by decree-holder before Executing Court nor before Appellate Court below and its genuineness having also been denied by -debtors, no reliance could be placed on same---Alleged payment of decretal amount made out of Court would not satisfy condition imposed by Court regarding deposit of pre-emption money---Execution petition filed by decree-holder, therefore, was rightly dismissed by Courts below in circumstances. Noor Ahmad and another v. Muhammad Ramzan and another PLD 1973 BJ 42; Ghulam Mohyuddin v. Muhammad Bakhsh and another PLD 1979 Lah. 766 and Muhammad Rafiq v. Barkat Ali and others 1984 CLC 3049 ref. JUDGMENT The brief facts giving rise to this revision are that the petitioner filed a suit on 4-11-1981 in the Court of the Civil Judge, Mianwali, to pre-empt the land measuring about 938'Kanals, 5 Marlas situated in Mauza Cheena Bora, Tehsil Eisa Khel, District Mianwali. The superior right of pre-emption was claimed on the ground of collateral-ship. 2. The parties arrived at a compromise…

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