| Citation(s) |
|---|
| 1999 SLG 394 1999 SLD 394 1999 SCMR 1350 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.81-L of 1998, decision dated: 12-04-1999. (On appeal from the judgment, dated 8-9-1997 of the Lahore High Court, Lahore, passed in Civil Revision No. 114 1 -D of 1997)
MUHAMMAD BASHIR, JEHANGIRI AND SH. RIAZ AHMED, JJ
Rao Tariq Chaudhry, Advocate Supreme Court and Mahmood-ul-Islam, Advocate-on-Record for Petitioner. Rana Muhammad -Anwar, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for
Respondents
Civil Petition for Leave to Appeal No.81-L of 1998, decision dated: 12-04-1999. (On appeal from the judgment, dated 8-9-1997 of the Lahore High Court, Lahore, passed in Civil Revision No. 114 1 -D of 1997)
MUHAMMAD BASHIR, JEHANGIRI AND SH. RIAZ AHMED, JJ
Rao Tariq Chaudhry, Advocate Supreme Court and Mahmood-ul-Islam, Advocate-on-Record for Petitioner. Rana Muhammad -Anwar, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for
Respondents
Mian ASIF ISLAM-
VS
Mian SHAHID ASLAM and 3 others
Law:
Section:
Punjab Pre-emption Act (IX of 1991)--S. 24(2)---Constitution of Pakistan (1973), Art. 185(3)---Suit for preemption ---Extension of time to deposit pre-emption money---Trial Court directed plaintiff/pre-emptor to deposit the requisite amount of pre-emption money up to specified date ---Plaintiff/pre-emptor who deposited less amount filed application under S.149, C.P.C. for extension of six months' time to deposit balance amount of pre-emption money which application was dismissed both by Trial Court and Appellate Court acid High Court upheld the decision-.Validity---Application for extension of six months' time for deposit of balance amount of pre-emption money was governed by S.24(2) of Punjab Pre-emption Act, 1991, whereby Court was not vested with any discretion to grant more than thirty days' time to deposit" Zar-e-Soem"---Courts below and High Court, thus, had rightly dismissed application of plaintiff/pre-emptor seeking extension of six months' time to deposit balance amount of pre-emption money---Judgment of High Court was not suffering from any infirmity warranting interference under Art. 185(3) of Constitution of Pakistan, 1973---Petition for leave to appeal against of High Court, was dismissed. Awal Noor v. District Judge, Karak 1992 SCMR 746 and Muhammad Ismail v. Jamilur Rehman 1995 MLD 1011 ref. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---This petition for leave to appeal arises out of a suit for possession by pre--emption filed on 26-10-1995 on payment of Rs.1,98,350. 2. The learned trial Judge directed the petitioner to deposit a sum of Rs.4,46,667 till 28-11-1995. An application was made on 22-1-1995 alongwith a challan to deposit a sum of Rs.1,00,000 which was allowed by the Court. The petitioner then moved an application under section 149 of the C.P.C. seeking extension of time for six months to deposit the balance of the pre-emption money. But the Court directed him to deposit the amount till the next date of hearing i.e. 4-1-1996. The petitioner, however, failed to deposit the remaining amount till the target date and instead filed another application under section 149 of the C.P.C. It appears that the respondents moved the Court that as the…
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