BASHARAT ALI vs SUBEDAR KHAN S — 2022 CLC 2126 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 2126 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: BASHARAT ALI vs SUBEDAR KHAN S
Subject matter: Civil
Provisions referred to: S. 24---P; S. 24; Punjab 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

BASHARAT ALI VS SUBEDAR KHAN S.24---Pre-emption---Zar-e-Soim, one Rupee less deposit than that directed---Bona fide mistake---Trial Court rejected the plaint for non-deposit of 1/3rd of the total sale price of the property---District Court had dismissed the petitioner's appeal---Petitioner contended that he deposited Rs.3,83,333/- as Zar-e-Soim keeping in view the sale price of Rs.11,50,000/- within time allowed by the Court---Validity---Required deposit of Zar-e-Soim was subject to the order of the Court,therefore, if the Court failed to pass an order to deposit Zar-e-Soim then the pre-emptor could not be penalized for such non-deposit---Trial Court wrongly calculated the 1/3rd of the sale price (Zar-e-Soim) as Rs.3,83,334/- instead of Rs.3,83,333.3333/---Court was only required to direct the plaintiff to deposit 1/3rd of sale price (Zar-e-Soim) and the Court was not bound to mention specific amount of Zar-e-Soim---Petitioner deposited less amount of Rs.1/- in the light of direction of the Trial Court and deposited less amount of 33 paisa in the light of S.24 of the Punjab Pre-emption Act, 1991---Such less deposit was very meager amount---Petitioner deposited deficient amount due to bona-fide mistake which would deserve serious/earnest/compensate consideration as the Courts were under obligation to decide the lis on merit rather as per technicalities---Petitioner made Zar-e-Soim round figure in a lesser side rather the greater side because paisas (coins) were not counted now a days and he was not guilty of contumacy---Revision petition was allowed accordingly.

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