AHMAD BAIG vs Mst. RAQIA BEGUM — 1971 PLD 27

Citation: 1971 PLD 27

Court: High Court of Azad Jammu and Kashmir

Year: 1971

Decision Date: 1971-01-25

Parties: AHMAD BAIG vs Mst. RAQIA BEGUM

Headnotes

Case cited as PLD 1971 Azad J & K 27

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Sharif Title: AHMAD BAIG vs Mst. RAQIA BEGUM Case No.: Civil Appeal No, 13 of 1970 Date of Judgment:1971-01-25 Reported As: PLD 1971 Azad J & K 27 Result: Appeal dismissed JUDGMENT JUDGMENT This is an appeal against the judgment and decree of the learned District Judge, Muzaffarabad, dated 21-2-1970. The facts giving rise to this second civil appeal are that Ahmad Baig purchased suit land. Mst. Raqia Begum brought a suit to pre-empt the sale. On 8-6-1965 the learned Sub-Judge ordered the plaintiff to deposit the one-fifth of the purchase price by 7-8-1965. This order was made in the presence of the counsel for the parties. The plaintiff herself was not present. Then on 26-7-1965 the plaintiff made an application to the learned Sub-Judge showing that she is a widow and that if she deposits Rs, 1,200 into the Court, the amount will be lying idle and it cannot be said for how long this money shall remain idle and for how long she would be deprived of a beneficial use of this money. She, therefore, prayed that instead of making a deposit of Rs, 1,200 she be allowed to furnish security. The learned Sub-Judge by his order dated 27-6-1965 accepted the application and passed an order that if the plaintiff furnishes security for Rs, 1,200 she need not deposit the one-fifth in cash. It is further noted that her application is accepted under section 22 of the Pre-emption Act. Issues were struck on 7-8-1965…

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