MUJEEB-UR-REHMAN vs MALAK SADIQ AHMAD S — 2022 CLC 2013 PESHAWAR-HIGH-COURT

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MUJEEB-UR-REHMAN VS MALAK SADIQ AHMAD S.24---Zar-e-Soim, deposit of---Thirty days limitation---Suit for possession through enforcement of the right of pre-emption as against a sale transaction filed by petitioner---Court directed the petitioner to deposit 1/3rd of the pre-emption amount (Zar-e-Soim)---Sale consideration was not mentioned in the plaint/notice of Talb-i-Ishhad and copy of the mutation was not annexed with the plaint---Trial Court directed the petitioner to produce the copy of the mutation---On 2 out of 5 total adjournments, petitioner and his counsel remained absent---Trial Court dismissed the suit filed by the petitioner for non-deposit of 1/3rd of preemption amount till 100 days of filing the suit---Petitioner's appeal was also dismissed by the District Court---Petitioner contended that Court had not directed him to deposit a fixed amount, therefore the penal consequences could not be pressed against him---Validity---Court was left with no discretion, in any circumstances, whatsoever, to allow the pre-emptor to make deposit of the Zar-e-Soim beyond the period of 30th days---On the day of institution of suit, Trial Court directed the pre-emptor to deposit the pre-emption amount and simultaneously directed to provide copy of the mutation within 30 days of filing the suit---Petitioner's response/conduct was indolent, lethargic, oblique and regrettable who had never bothered to attend the Court in person right from the date of filing the suit and remained absent on 5 adjournments---Pre-emptor was duty bound to produce the mutation, or at least should have disclosed a probable amount of the suit property, so that the Court may be in a position to order for deposit of a fixed amount---Petitioner failed to perform the said duty which showed that he had never been vigilant in pursing of his case and to comply with the mandatory provision of law---Constitutional petition was dismissed accordingly. Head Notes

MUJEEB-UR-REHMAN vs MALAK SADIQ AHMAD S — 2022 CLC 2013 PESHAWAR-HIGH-COURT

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