ANANT RAM Vs. SANT SINGH

JUDGEMENT

(1.) This is a defendant's revision arising out of order of first Appellate Court fixing the date for the deposit of pre-emption amount.

(2.) Labh Singh obtained a decree for possession by pre-emption from the trial Court on August 30, 1978 and he was given time to deposit the pre-emption amount on or before November 21, 1978. Anant Ram petitioner who was vendee-defendant in the suit filed an appeal against the aforesaid judgment and decree of the trial Court on September 15, 1978, and obtained an order of stay from the first Appellate Court which was in the following terms :-

(3.) It is not disputed that the aforesaid stay order continued till the final disposal of the appeal which was ultimately dismissed on January 8, 1979. Since the Appellate Court had granted stay of execution of decree on September 15, 1978 and the time for deposit was upto November 21, 1978, the pre-emptor-decree-holder did not deposit the pre-emption amount in compliance with the decree of the trial Court. The Appellate Court while dismissing the appeal on January 8, 1979 failed to fix a fresh date for deposit of the pre-emption amount and consequently the decree-holder filed an application on January 9, 1979 before the Appellate Court for fixing time for the deposit of the pre-emption amount. By the impugned order dated March 1, 1979, the Appellate Court allowed the application and fixed March 19, 1979 for deposit of the pre-emption money as determined by the trial Court. Against the aforesaid order the defendant has come up in revision to this Court.