BUTA SINGH Vs. RAJINDER SINGH AND ANOTHER

JUDGEMENT

(1.) This order will dispose of two connected Second Appeals from Order Nos. 78 and 79 of 1967.

(2.) Two pre-emption suits had been filed by Rajinder Singh, respondent No. 1. On 3rd February, 1966, he was asked to deposit one-fifth of the sale-price by 17th March, 1966. On 14th March, 1966, he made an application under Section 22 of the Punjab Pre-emption Act, 1913, for extension of time for making the said deposit. This application was rejected by the trial Court on 15th march, 1969. The plaintiff, however, failed to deposit the amount by 17th March, 1966, which he did on 18th March, 1966. On 24th March, 1966, he filed an application praying that the delay in depositing the said amount be condoned. It was stated that the money had been brought by his maternal-uncle from Jullundur. The reason for reaching Batala late on 17th March, 1966, was that curfew had been imposed in Jullundur. He, therefore, went to the bank for depositing the money at about 2 p.m. The bank was closed at that time and he, therefore, could not make the said deposit on that date.

(3.) The vendee opposed that application, which was dismissed by the trial Court. The plaint was also, consequently, rejected under Section 22(4) of the Punjab Pre-emption Act.