2012 PLP 1079 (MLD)

ABDUL WAHEED KHAN, J.

The petitioner filed a suit for possession through pre-emption on 27-10-2007 of the land measuring 10-kanals situated within the revenue estate of village Tekht Pari, Tehsil and District Rawalpindi when the Presiding Officer adjourned the matter for 29-10-2007 for report of the Ministerial staff. Vide order dated 29-10-2007 the civil court directed the petitioner to deposit 1/3rd of the sale price within 30 days from the filing of the suit. As per contents of this petition, the petitioner deposited the 1/3rd of the sale price on 29-11-2007 and the civil court through the impugned order dated 9-10-2010 dismissed the suit. The said order was assailed in an appeal which also met the same fate through the impugned judgment dated 17-5-2011, hence this revision petition.

2. The contentions of the counsel for the petitioner are that the plaintiff was not at fault as he deposited the Zar-e-Soam on 29-11-2007 i.e. within one month from passing of the order by the civil court whereby a direction was issued requiring the petitioner to deposit the said amount. With these submissions it is prayed that Zar-e-Soam was deposited within the period of limitation, therefore, the civil court should not have rejected the plaint rather the suit should have been decided on merits.

3. Arguments heard and record perused. Section 24 of the Punjab Pre-emption Act, 1991 provides procedure for deposit of Zar-e-Soam which is reproduced as under:-- "(24) Plaintiff to deposit sale price of the property.

(1) In every suit for pre-emption the court shall require the plaintiff to deposit in such court one-third of the sale price of the property in cash within such period as the court may fix: Provided that such period shall not extend beyond thirty days of the filing of the suit; . (2) Where the plaintiff fails to make a deposit under subsection (1) within the period fixed by the court or withdraws the sum so deposited by him, his suit shall be dismissed. (3) .. (4) ..

4. In the instant case, the suit was filed on 27-10-2007 and vide order dated 29-10-2007 the Presiding Officer given a specific direction to the petitioner/plaintiff to deposit the Zar-e-Saom of the sale price within 30 days of the institution of the suit. Even if the date of order of the civil court is excluded then the petitioner was required to deposit the Zar-e-Soam on or before 27-11-2007 i.e. the date of institution of the suit. The first proviso to section 24 of the Punjab Pre-emption Act, 1991 provides that that such period shall not extend beyond thirty days of the filing of the suit. Therefore, the contentions of the counsel for the petitioner that he deposited the Zar-e-Soam within 30 days of the passing of the order on 29-10-2007 has no force. Even otherwise, the terms of the order dated 29-10-2007 passed by the civil court are much clear as the petitioner was directed to deposit the Zar-e-Soam within 30 days from the date of filing of the suit and nowhere it is mentioned in the said order that the period of 30 days would commence from the date of the said order. Since the petitioner has failed to deposit the Zar-e-Soam within the stipulated period of 30 days from the date of filing of the suit in terms of direction of the civil court dated 29-10-2007 and, therefore, the civil court rightly dismissed the suit through the impugned order in compliance of subsection (2) of section 24 of the Punjab Pre-emption Act, 1991. The counsel for the petitioner failed to point out any mis-reading or non-reading of evidence in the impugned judgment of the appellate court.

5. For the foregoing reasons, this revision petition fails and the same is dismissed in limine. K.M.Z./408/L Petition dismissed.