NARESH Vs. AJMER

JUDGEMENT

(1.) The controversy in this second appeal filed by the plaintiffs is as under :-

(2.) The questions which now survive for determination in this appeal are as under :-

(3.) I have perused the record. The facts are not disputed. The plaintiffs were to deposit a sum of Rs. 5,800/- as 1/5th of the pre-emption money on or before 1st October, 1976. All the plaintiffs, including Sukhdev plaintiff who died during the pendency of the suit, were admittedly minors and had filed the suit through their mother Smt. Anguri Devi as their next friend. On 1st October, 1976, an application was made on behalf of the plaintiffs for extension of time to deposit the 1/5th of the pre-emption money due to the death of their brother Sukhdev and due to the fact that their commission agent (Arhatia) was out of station. This application was supported by an affidavit. This was allowed and the time was extended by the trial Court upto 14th October, 1976. Admittedly, 1/5th of the pre-emption money was deposited within that period. The trial Court had ample jurisdiction under Section 22(4) of the Punjab Pre-emption Act (Act 1 of 1913) to extend the time to make the deposit of 1/5th of the probable value of the land or property in suit. Section 22(4) reads as under :-