DES RAJ Vs. DES RAJ AND ANOTHER

JUDGEMENT

(1.) 14th of August, 1963, on the basis of a compromise, a decree for possession by pre -emption was passed in favour of Des Raj son of Baga Ram against Des Raj son of Panju Ram and Goman Ram son of Raju Ram. It was provided in the decree that l/5th of the safe price had already been deposited by the decree -holder and the balance amounting to Rs. 6,820/ - would be deposited on or before 15th january, 1964, and in case that was not done, the pre -emption suit would be deemed to have been dismissed with costs.

(2.) THE only question for decision in this execution second appeal is whether the decree -holder had not complied with this decree and his suit had been rightly dismissed by both the courts below.

(3.) LEARNED Counsel for the appellant argued that the courts below were in error is holding that the decree -holder had failed to comply with the terms of the decree. It had been proved on the record that the appellant went to the court on 15, January, 1964 to make the payment, but as the judgment debtors intentionally slipped away, he made an application for depositing the said amount in court. The court called for the office report for the next day and as ordered by it the amount was duly deposited on 16 January, 1964. The appellant was prevented from making the deposit on 15, January, 1964 merely on account of the complicated procedure prescribed for the purpose and not due to any fault on his part and he should not be made to suffer on that account.