SUNIL KUMAR Vs. NASRU

JUDGEMENT

(1.) PLAINTIFF (respondent herein) filed suit on 23 4. 1982 for possession by pre emption claiming superior right of pre-emption being the son of vendor as well as claiming to be co-sharer. Trial Court after finding that he was a co-sharer, decreed the suit on 20. 2. 1984. The plaintiff was asked to deposit the remaining pre-emption money less l/5th of the amount which had already been deposited by him at the time. of the filing the suit. A total sum of Rs. 29,591/- was required to be deposited by him on or before 24. 4. 1984, failing which his suit was to be deemed to have been dismissed.

(2.) DEFENDANT preferred appeal before the first Appellate Court. In appeal, execution of the decree was stayed. Finally appeal was dismissed on 18. 7. 1984. However, the first Appellate Court, while dismissing the appeal, fixed no time for deposit of the amount. On 30. 8. 1984, an application was filed by the plaintiff in which it was prayed that time be fixed for deposit of the amount. As a matter of fact, amount was deposited by him on 3. 9. 1984. This fact was taken note of by the learned Additional District Judge, Gurgaon, and thus the deposit of money was found to be valid and the application was allowed. This order is being challenged in this civil revision.

(3.) I find no merit in the civil revision. The point in issue is squarely covered by judgment of this Court in Anant Ram v. Sant Singh, 1979 P. L. J. 520, wherein it was held that where defendant obtained stay from the appellate Court, Appellate Court ought to have fixed fresh date for deposit of preemption amount. Learned Additional District Judge, Gurgaon, rightly found that there was a valid deposit of the amount.