Respondents vs Appellants — 1971 PLD 162

Citation: 1971 PLD 162

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as PLD 1971 Supreme Court 162

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad JUDGMENT Reported As: PLD 1971 Supreme Court 162 Result: Appeal dismissed Judgment JUDGMENT WAHIDUDDIN AHMAD, J.--This appeal by special leave is directed against the order of the West Pakistan High Court, Lahore, in Civil Revision No, 231 of 1970, dated the 20th March 1970, whereby the petition was dismissed in limine. It has arisen in the following circumstances:-- Respondents brought a suit for possession by pre-emption on the 11th January 1967. The appellants-vendees resisted the suit. After trial, the suit was decreed on the 15th January 1969, in the following terms:-- "That the suit of the plaintiffs is decreed against the defendants with costs regarding the suit land for a total price of Rs, 20,054.34, the plaintiffs shall deposit the said price after deducting the Zare- Panjam if any, before 15-3-1969, failing which the suit of the plaintiffs shall stand dismissed with costs." Thus the respondents were directed to deposit Rs, 20,054.34 after deducting the Zare-Panjam before the 15th March 1969, failing which their suit was to be dismissed with costs. The respondents, on the 8th March 1967, deposited a sum of Rs, 6,000 as Zare-Panjam. They deposited a further sum of Rs, 14,054 on the 11th March 1969. In this way the respondents deposited a sum of Rs, 20,054 which fell short by 34 paisas of the amount they were required to deposit in the Court before the…

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