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

Case information

Citation: 2022 CLC 2013 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: CLC
Parties: MUJEEB-UR-REHMAN vs MALAK SADIQ AHMAD S
Subject matter: Criminal
Provisions referred to: S. 24---D; S. 24; Pre-emption Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUJEEB-UR-REHMAN VS MALAK SADIQ AHMAD S.24---Deposit of Zar-e-Soim---Scope---Purpose behind the first proviso of S.24(1) of the Pre-emption Act, 1987 was: firstly, to protect the vendee from frivolous litigation; and secondly, to ascertain the financial capacity of the intending pre-emptor to purchase the property sought to be pre-empted at the time when the property was being sold, keeping in mind the period of such deposit which would commence from the date of filing of the suit---Said provision would place a check on the pre-emptor so that he might not prolong the deposit of Zar-e-Soim and as such any relaxation in the same would amount to frustrate the very purpose of the said proviso to S.24(1) of Act, 1987. Head Notes

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