GURSHARAN SINGH Vs. RAJWANT KAUR

JUDGEMENT

(1.) This revision petition has been filed under Article 227 of the Constitution of India against the impugned order dtd. 13/3/2018 passed by the trial Court, vide which the petitioner-plaintiff's application to deposit the 1/5th amount of 'Zare-Panjim' has been declined as per provisions of Sec. 22(1) of the Punjab Pre-emption Act, 1913.

(2.) The facts of the case are, the petitioner-plaintiff filed a suit for possession by way of pre-emption with respect of the suit land measuring 1686 kanal 19 marla, on which he was a tenant paying 1/3rd share of batai over the land measuring 15 kanal. Value of the suit land for sale, as per the sale deed dtd. 30/4/2013, was Rs.28,12,500.00. As per provisions of the Punjab Pre-emption Act, 1913 (for short, 'the Preemption Act'), the petitioner-plaintiff was to deposit 1/5th amount of 'Zare-Panjim', i.e., Rs.5,62,500.00. Due to the exigency of business the plaintiff had to go to Phuket, Thailand, on 4/10/2017, and could return to India on 2/2/2018 only. The suit in question was filed on 29/4/2014. After completion of the pleadings, issues were framed on 7/11/2017. Since the petitioner-plaintiff was not in India on 7/11/2017, he could not deposit the amount of 'Zare-Panjim'. Soon after returning to India on 2/2/2018, he filed the instant application (Annexure P-3) seeking permission to deposit the amount of 'Zare-Panjim' by condoning the delay. Photocopies of plaintiff's passport containing the said entries were attached with the application.

(3.) The application was opposed by the respondents-defendants by filing reply (Annexure P-4), stating, as the plaintiff failed to comply with the provisions of Sec. 22 of the Pre-emption Act by non-deposited 1/5th of the sale price as 'Zare-Panjim', the application has been rightly dismissed. The time to deposit cannot be extended, no relaxation can be granted.