MUNNI Vs. RAI SINGH SON OF RANJIT

JUDGEMENT

(1.) The impugned order of the trial court declining permission to the plaintiff to furnish security for 1/5th of the sale consideration instead of depositing it in cash and also refusing to extend time for the deposit of this money, clear warrants no interference in revision.

(2.) The matter here concepts the sale of 38 Kanals and 8 marlas of land for Rs. 96,000/-. This sale was made on May 30, 1988. Just a day before the limitation for the filing of a suit for pre-emption was to expire, the plaintiff filed the present suit seeking to pre-empt this sale on the ground of being a tenant on the said land. The trial court, by its order of June 7, 1989, directed the plaintiff to deposit 1/5th of the pre-emption amount, namely; Rs. 19,200/- by on or before August 30, 1989. No amount was, however, deposited by the plaintiff instead on August 22, 1989, she filed an application praying therein that she may be permitted to furnish security for this sum instead of depositing it in cash and further that the time for deposit or for furnishing security be extended. Both these prayers were, as mentioned earlier, declined by the trial court.

(3.) Mr. L.N. Verma, counsel for the petitioner relying upon the judgment of the Division Bench of this Court in Dalip Singh & Ors. v. Hardev Singh & Ors, 1970 CurLJ(Civ&Cri) 304, contended that it was open to the Court to direct security to be furnished instead of depositing 1/5th of the sale consideration in cash and further that the time for doing so can also be extended from time to time.