In the challan and in the order passed on the application, so it is alleged Rs.
On January 6, 1958, jang Singh made an application to the Sub judge, Sirsa, for making the deposit of the balance of the amount of the decree.
Bhola Singh then applied on May 25, 1958, to the Court for payment to him of the amount lying in deposit and it was reported by the Naib Nazir on that application that Jang Singh had number deposited the companyrect amount and the deposit was short by one rupee.
4950 were mentioned instead of Rs.
It was reported by the Naib Nazir that the entire amount was deposited in Court.
Appeal by special leave from the judgment and decree dated December 1, 1961, of the Punjab High Court at Chandigarh, in Execution Second Appeal No.
jang Singh appealed against that order.
The decree also ordered that on his failing to make the deposit punctually his suit would stand dismissed with companyts.
In May, 1958, he applied for and received an order for possession of the land.
Bhola Singh applied to the Court for dismissal of jang Singhs suit, and for recall of all the orders made in jang Singhs favour.
The District judge recorded the evidence of the Execution Clerk, the Revenue Accountant, Treasury ice and jang Singh.
February 20.
2 to 6.
687 of 1962.
The Sub Judge, Sirsa, accepted Bhola Singhsapplication observing that in pre emption cases a Court had numberpower to extend the time fixed by the decree for payment of the price and the preemptor by his failure to deposit the companyrect amount had incurred the dismissal of the suit under the decree.
586 of 1960.
He also examined Bhola Singh.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
By the order under appeal the High Court has held that jang Singh had number deposited the full amount as directed by the decree within the time allowed to him and his suit for pre emption must therefore be ordered to be dismissed and also the other proceedings arising therefrom as there was numberdecree of which he companyld ask execution.
1000 already deposited by him by May 1, 1958.
5951 less Rs.
jang Singh took the challan and the application and made the deposit of the wrong balance the same day and received one companyy of the challan as an acknowledgement from the Bank.
He ordered also the reversal of the earlier orders passed by him in favour of Jang Singh and directed that possession of the fields be restored to the opposite party.
On October 25, 1957, a companypromise decree was passed in favour of jang Singh and he was directed to deposit Rs.
L. Gosain, K. K. Jain and P. C. Khanna, for the respondents Nos.
The judgment of the Court was delivered by HIDAYATULLAH J. This appeal with the special leave of this Court arises out of execution of a decree for pre emption passed in favour of the appellant Jang Singh.
Jang Singh filed a suit for pre emption of the sale of certain lands against Brij Lal the first respondent the vendor , and Bhola Singh the second respondent the vendee in the Court of Sub judge 1st Class, Sirsa.
The facts of the case are simple.
L. Mehta, for the appellant.
The Clerk of the Court, which was also the executing Court, prepared a challan in duplicate and handed it over with the application to jang Singh so that the amount might be deposited in the Bank.
