ANOOP SINGH Vs. HARBANS KAUR

JUDGEMENT

(1.) Anup Singh has filed this appeal under Clause 10 of the Letters Patent against the judgment of a learned Single Judge of this Court dated March 8, 1976, by which E.S.A. No. 1437 of 1974 filed by him was dismissed.

(2.) Though detailed facts have been given in the judgment of the learned Single Judge, yet in order to appreciate the controversy raised before us certain salient features of the case may be noticed, which read as under :-

(3.) It was vehemently contended by Mr. Mittal, learned counsel for the appellant, that the observations in Dattatraya's case, on which reliance has been placed by the learned Single Judge, have no relevancy to the facts of the case in hand and that those observations were made by their Lordships with reference to the peculiar facts of that case. It was further contended by the learned counsel that the non-deposit of the pre-emption money within the stipulated time by Smt. Harbans Kaur would result into the dismissal of her suit, and that there was no decree in favour of Smt. Harbans Kaur, which could legally be executed. In support of his contention, the learned counsel placed reliance on the judgment of the Supreme Court in Sulleh Singh and others v. Sohan Lal and another, 1975 AIR(SC) 1957