MANOHAR SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) Brief facts giving rise to this petition are that two pre- emption suits were filed in respect of sale of agricultural land, effected by one Raghbir Singh, one suit was of Manohar Singh, petitioner, and the other was of Jagir Singh. Both the rival pre-emptors were impleaded as parties, and both the suits were decided on 23rd December, 1972. The disposal of the two suits was by way of a compromise between the parties. For convenience, the order of the trial Court disposing of the two suits reads thus:

(2.) At the time of motion hearing, dispossession of the decree-holder was stayed, and the said order was later on affirmed in the presence of the learned counsel for the parties, vide order dated 25th May, 1978. Thus the decree-holder-petitioner has been in possession of the suit land throughout.

(3.) The learned counsel for the petitioner contended that the sale price was less by Re. 1/- under bona fide mistake. In any case, no objection was raised on behalf of the judgment-debtor earlier at the time of the execution of the decree, and the time could be extended later on for depositing the said amount of one rupee. In support of his contention, he referred to Jagdhayan v. Babu Ram and others, 1983 AIR(SC) 57, wherein it was held that where the decree-holder in a pre-emption suit, deposited the entire amount of purchase money together with the costs decreed against him less 25 paise within the time fixed by the Court and 25 paise too were deposited, but beyond time the finding of first executing appellate Court that the non- deposit could not be due to any bona fide mistake, was absolutely untenable for the reason that while the decree-holder had deposited in total Rs. 17,936.00 from time to time as directed by the Courts, there was absolutely no reason as to why he would not have deposited 25 paise, unless it was due to a mistake. It was further held that it was pre-eminently a case in which the first executing appellate Court ought to have exercised its discretionary powers under Section 148 and accepted the delayed deposit of 25 paise, as was done by the original executing Court.