GURMEL SINGH Vs. MUKHTIAR SINGH AND ORS.

JUDGEMENT

(1.) REGULAR Second Appeal Nos. 1292 and 1973 of 1969 filed by the vendee arise out of the same pre -emption suit and can, therefore, be disposed of by one judgment.

(2.) GAJJAN Singh, the father of the plaintiff -respondents, sold the land in dispute to the appellant for a sum of Rs. 22,000/ - on 30 -5 -1966. His four sons who are respondents before me filed a suit for pre emption within time and the trial Court granted a decree on 11.6 1968. The last date fixed for deposit of the balance of sale price Rs. 22,000/ - was 30.6.1968. The vendee filed an appeal on 24.6 1968 and on his application, the lower appellate Court stayed appellant's dispossession by an order dated 25.6.1968, untill the decision of the appeal. There is no clear direction in the stay order granted by the lower appellate Court that this stay of vendee's dispossession would imply the postponement of the date of deposit of pre -emption money or would suspend the running of the time allowed to the plaintiff pre -emptors for making the deposit.

(3.) THE lower appellate Court disposed of the two cross -appeals by its judgment dated 23.7.1969. The appeal filed by the vendee was found to have no force and was consequently dismissed. As regards the appeal filed by the plaintiff pre -emptors, it was observed that the order granted on the vendee's application staying his dispossession had the effect of deferring the operation of the trial Court's order with regard to the deposit of pre -emption amount. The pre -emptors were, therefore, given further time to deposit the pre -emption money by 2.8.1969. the plaintiffs have deposited the pre -emption money within the time allowed by the lower appellate Court.