HAMZA SHERAZ vs RIAZ MEHMOOD S — 2022 PLD 3 SUPREME-COURT

Case information

Citation: 2022 PLD 3 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: HAMZA SHERAZ vs RIAZ MEHMOOD S
Subject matter: Civil
Provisions referred to: S. 24---D; 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

HAMZA SHERAZ VS RIAZ MEHMOOD S. 24---Deposit of one-third of the sale price of the property in Court by the pre-emptor---Meagre shortfall in amount of money deposited---Whether a genuine mistake on part of pre-emptor in depositing exact amount of money was sufficient to non-suit him---Held, that in the present case the Court directed the pre-emptor to deposit one-third of the amount of the sale mutation, which came to Rs. 533,334.35/, however, the plaintiff/pre-emptor deposited an amount of Rs. 533,000/, thus, there was a shortfall of Rs. 334.35/ only---Section 24 of the Punjab Pre-emption Act, 1991 was self-contained and clear; it mentioned that the consequences for the plaintiff in failing to deposit the one-third amount of sale consideration within the time prescribed by the courts would be dismissal of the suit---While one could sympathize with the plaintiff-pre-emptor in the present case for miscalculating the amount but the law was clear and permitted no discretion---In the present case the plaintiff/pre-emptor himself committed the mistake, and despite the fact that quantum of the mistaken amount was inconsequential, he had to suffer consequences of the same---Plaintiff/pre-emptor did not deposit the stipulated one-third of the sale consideration amount within the prescribed period, as provided for in S.24 of the Punjab Pre-emption Act, 1991, and thus attracted the consequences thereof, which was the dismissal of the suit---Appeal was allowed and the pre-emption suit filed by the respondents' predecessor was dismissed.

Other judgments reported in 2022 PLD

2022 PLD 40 HIGH-COURT-AZAD-KASHMIRGUL MUHAMMAD VS JAN MOMAMMAD O. XII, R. 1---No abatement by party's death, if right to sue survives---Scope---Criteria to determine when aba…
2022 PLD 773 LAHORE-HIGH-COURT-LAHOREMEERA SHAFI VS FEDERATION OF PAKISTAN Art. 14---prevention of electronic Crimes Act (XL of 2016), S. 20---Inviolability of dignity of man---…
2022 PLD 773 LAHORE-HIGH-COURT-LAHOREMEERA SHAFI VS FEDERATION OF PAKISTAN Art. 19---prevention of electronic Crimes Act (XL of 2016), S. 20---Freedom of speech---Offences again…
2022 PLD 773 LAHORE-HIGH-COURT-LAHOREMEERA SHAFI VS FEDERATION OF PAKISTAN S. 20---offence against dignity of a natural person---Defamation---Scope---Section 20 of the preventio…
2022 PLD 773 LAHORE-HIGH-COURT-LAHOREMEERA SHAFI VS FEDERATION OF PAKISTAN S. 20---offence against dignity of a natural person---Use of offensive and derisive language---Scope--…
2022 PLD 773 LAHORE-HIGH-COURT-LAHOREMEERA SHAFI VS FEDERATION OF PAKISTAN Ss. 155 & 154---prevention of electronic Crimes Investigation Rules, 2018, Rr. 6 & 7---Information in…

Back to the case-law library · Search Pakistani case law in Urdu or English