KHAIR DIN vs HASHMAT and others — 1986 MLD 677

Citation: 1986 MLD 677

Court: Lahore High Court

Year: 1965

Decision Date: 1965-04-29

Parties: KHAIR DIN vs HASHMAT and others

Headnotes

Case cited as 1986 MLD 677

Judgment Text

Court Name: Lahore High Court Judge(s): Aftab Hussain Title: KHAIR DIN vs HASHMAT and others Case No.: Regular Second Appeal No,379 of 1965 Date of Judgment:1965-04-29 Reported As: 1986 MLD 677 Result: Appeal dismissed JUDGMENT JUDGMENT ' The appellant's suit for possession of pre-emption of land in dispute was dismissed by the learned trial Court. This decree was maintained in appeal by the first appellate Court. Hence this second appeal. 2. During the course of this appeal the appellant withdrew the Zar-e-Panjam which he had deposited in the lower Court. The respondents have now submitted a petition under section 22(5) of the Pre-emption Act for dismissal of the appeal. Section 22(5) provides as follows:- "22(5) (a) If any sum so deposited is withdrawn by the plaintiff the suit or appeal shall be dismissed. (b) If any security so furnished for any cause becomes void or insufficient, the Court shall order the plaintiff to furnish fresh security or to increase the security as the case may be within a time to be fixed by the Court, and if the plaintiff fails to comply with such order, the suit or appeal shall be dismissed." 3. The learned counsel for the appellant contends that there are sound reasons for the withdrawal of the Zar-e-Panjam. He states that it quite possible that in view of the judgment of the High Court of West Pakistan in Babu All Muhammad v. Mahmood-ul-Hassan PLD 1968 Lah. 329 by which it was held that a pre-emption suit in regard to property in the…

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