Law:

Section:

Punjab Pre-emption Act, 1991 (IV of 1991)-- ----S. 25--Constitution of Pakistan, 1973, Art. 185(3)--Consent decree--Non-depositing of balance amount--Appellants had failed to deposit the pre-emption money, the decree would be null and void--Balance pre-emption money was not deposited by appellants within the time fixed by the Court--No reason has been advanced by for appellants for the delay in depositing the amount--Neither any application for condonation of delay was filed nor any request for extension of time was made--Appeal was dismissed. [P. 660] A Judgment Abdul Hameed Dogar, J.--This appeal is directed against the judgment dated 24.2.2004 passed by learned Judge in Chambers of the Peshawar High Court, Bench Abbottabad, whereby Civil Revision No.2 of 1997 filed by respondents was allowed and the judgment and decree dated 19.9.1996 of the learned District Judge, Batagram, was set aside, consequently the suit of appellants was dismissed. 2. Briefly, stated, facts giving rise to the filing of instant appeal are that respondents purchased land measuring 378 kanals 1 marla out of Khasra Nos. 840 to 850 and 971 situated in the area of Bateela, Tehsil Allai vide Mutation No. 51 attested on 23.2.1982. The appellants filed suit for the enforcement of their pre-emptive rights against the respondents. During the pendency of the suit, the matter was patched up between the parties on 29.7.1986 and on the statement of appellants, the trial Court passed a decree in favour of appellants with the direction that the remaining amount of Rs. 81,987.65 will be deposited in the Court by appellants within a period of one month failing which the decree shall be null and void. The appellants failed to deposit the pre-emption money within the stipulated period but on 23.9.1986 made an application to the District Judge Mansehra, Camp Batagram for allowing them to deposit the same which was rejected on 23.9.1986 being barred by time. The said order was not challenged and the same attained finality. Appellants thereafter challenged the consent decree dated 29.7.1986 of the learned Senior Civil Judge, Kohistan at Batagram, before the learned District Judge, Mansehra Camp Batagram,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492