MUHAMMAD HASAN ASKARI Vs. NIAZ HUSAIN

JUDGEMENT

(1.) The Munsif of Allahabad passed a decree in the following terms: "it is ordered and decreed that the plaintiff s claim, for pre-emption, be dismissed with costs as against all the defendants with the exception of defendants Nos. 5 and 6, that the plaintiff s claim for pre-emption, in respect of the shares of defendants Nos. 5 and 6, if any in the property in dispute, be decreed; and that if the plaintiff deposits for payment to defendants Nos. 5 and 6, within one year from this date, the proportionate amount of the consideration money, equal to the price of the shares of defendants Nos. 5 and G, with reference to the entire consideration money, Rs. 780, specifipcl in the sale-deed, then on his so depositing the aforesaid money, he (the plaintiff) shall be entitled to get possession over the shares of defendants Nos. 5 and 6, if any, in the property in dispute."

(2.) That decree was neither taken into appeal nor has it in any way been altered since it passed.

(3.) The decree-holder applied to execute the decree, and in his application he asks that he may be put into actual and formal possession of the shares in the zemindari property sought to be pre-empted, being the share of Musammat Sakina Bibi and Kaniz Bano Bibi specified below. He then goes on to say that under the orders embodied in the decree, he had deposited in Court Rs. 102-14-9, and he sets out, as the share over which he asks to be put in possession, a share amounting to 17 karanls in Mauza Manauri, Patti Hub-bun-misa, Pargana Chail.