On appeal to the Appellate Court at the instance of the pre emptors, the District Judge took .a companytrary view permitting the execution to proceed.
Whatever is relevant in Order 21 Rule 14 alone has been taken numbere of .
filed four suits of preemption ,against the vendee and those were decreed on July 15, 1970, on terms of payment of pre emption money on or before August 30, 1970.
Four appeals were filed by the plaintiff pre emptors before the District Judge for the reduction of the pre emption money.
Three brothers, by means of four sale deeds executed on June 25, 1968, sold some parcels of land to Harbhajan Singh respondent herein.
objec tion was sustained by the Trial Executing Court.
The plea of the vendee was based on the mandate of Order 20 Rule 14, Civil Procedure Code whereunder the Court when decree ing the claim to pre emption is required to specify in the decree on or before which the pre emption money shall be paid, if number already paid, and further if it is number so paid, the suit shall stand dismissed with companyts.
The appeals finally were rejected under Order 41 Rule 3 of the Code of Civil Procedure as being insufficiently stamped and hence number properly presented.
After the rejection of their appeals, the pre emptors sought execution of the pre emption decrees which attracted objections by the vendee judgment debtor.
The primary objec tion raised was that the suits stood automatically dismissed for number deposit of the preemption money within the time identically stipulated under the questioned decrees.
On an application moved by the pre emptors the time for deposit of the amount fixed under the decree by the Trial Court was extended till further orders.
Harbans Lal and M.V. Goswami for the Appellants.
A learned Single Judge of the High Court in appeal upheld the view of the District Judge, but a Division Bench of the High Court.
2266 69 of 1979.
From the Judgment dated 9.8.1978 of the Punjab and Haryana High Court in L.P.A. Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
576 79 of 1975.
Iqbal Singh for the Respondent.
The following Order of the Court was delivered These appeals by special Leave are directed against the companymon judgment and decree of the Punjab and Haryana High Court passed in L.P.A. Nos.
576 to 579 of 1975.
The 4th brother by the name of Ujagar Singh, whose legal representatives are the appellants herein,.
