SYED SAKHI HUSSAIN BUKHARI, J.--- In this Constitutional petition, the petitioners have prayed for setting aside judgment dated 11.2.2002 passed by learned Addl. District Judge, Sargodha and order dated 25.5.2001 passed by learned Civil Judge, Sargodha.
2. Relevant facts for the disposal of this writ petition are that Muhammad Asghar, respondent No. 3 filed a suit for possession through pre-emption against the petitioners and stated that petitioners/defendants had .Purchased, suit land (measuring 45-kanals situated in Chak No. 114, North Tehsil Silanwali, District Sargodha) for a consideration of Rs.4,00,000/- but they mentioned Rs.12,00,000/- as sale price before Civil Court in suit for specific performance filed by them. Learned Trial Court directed the plaintiffs/respondent to deposit 1/3rd of the sale price and respondent accordingly deposited Rs.2,00,000/- in the Trial Court within prescribed time. The petitioners appeared before Trial Court and filed application under Order 7, Rule 11, CPC and stated that plaintiff/respondent had not deposited 1/3rd of the sale price within stipulated period, therefore, his plaint was liable to be rejected. After hearing the parties learned Trial Court rejected their application vide order dated 25.5.2001. The petitioners filed revision petition against the said order and learned Addl. District Judge dismissed the same vide judgment dated 11.2.2002. Hence, this writ petition.
3. I have heard the arguments and perused the record.
4. The case of petitioners. Is that they had purchased suit land through decree of Civil Court dated 18.1.2000 (in suit for specific performance) for a consideration of Rs.12,00,000/-, therefore it was necessary for the respondent/plaintiff to deposit Rs.4,00,000/- as 1/3rd of the sale price, but he failed to deposit the same, therefore, his case was liable to be dismissed. On the other hand the case of respondent /plaintiff is that actually petitioners/defendants had purchased suit land for Rs.4,00,000/- but the agreement to sell was forRs.6,00,000/-, therefore, he had rightly deposited Rs.2,00,000/- as 1/3rd of sale price. Learned Trial Court observed that plaintiff had pleaded that actual amount of consideration was Rs.6,00,000/- and defendants/petitioners had wrongly mentioned the same as Rs.12,00,000/- and that it appeared that suit brought by Muhammad Yousaf, etc. (petitioners/defendants) against Latif Khan (vendor) had been decreed for a consideration of Rs.6,00,000/-. Also that defendants had not produced copy of sale-deed which was registered as a result of decree dated 1.10.1999 and that plaintiff had already deposited 1/3rd of the sale price (Rs.6,00,000/-), therefore, application brought by petitioners/defendants had no force. So it is clear that learned Trial Court considered the deposit of Rs.2,00,000/- as 1/3rd of sale price to be proper. Even otherwise it was necessary for the learned Trial Court to pass order for depositing a specific amount as 1/3rd of the sale price. Learned counsel for the petitioner admits that learned Trial Court had not specified the amount to be deposited as 1/3rd of the sale price in the impugned order. It is well-settled that act of Court shall not prejudice any party. Reliance can be placed on Ladha. Khan and others v. Mst. Bhiranwan (2001 PSCC 814). As stated earlier Court had not specified amount and considered Rs. 2,00,000/- to be proper compliance of its order, therefore, there was no reason to reject the plaint.
5. It is pertinent to note that if sale price appears to be inflated, the Court can in the case competently require deposit of 1/3rd of the probable value of property. Section, 24 of Punjab Pre- emption Act reads as under:- "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: - Provided further that if no sale price is mentioned in the sale-deed or in the mutation, or the price so mentioned appears to be inflated, the Court shall require deposit of one-third of the probable value of the property.
(2) Where the plaintiff fails to make a deposit under sub-section (1) within the period fixed by the Court or withdraws the sum so deposited by him, his suit shall be dismissed.
(3) Every sum deposited under sub-section (1) shall be available for the discharge of costs.
(4) The probable value fixed under sub-section
(1) shall not affect the final determination of the price payable by the pre-emptor."
So impugned orders are proper. Even otherwise when parties do not agree to the sale price, the Court has to determine the same. Section 27 of Punjab Pre-emption Act reads as under:- "Where the parties do not agree to the price at which the pre-emptor shall exercise his right of pre- emption, the Court shall determine whether the price at which the same purports to have taken place was fixed in good faith or paid, and if it finds that the price was not so fixed or paid, it shall fix the market value of the property as the price to be paid by the preemptor.
(2) If the Court finds that the price was fixed in good faith or paid, it shall fix- such price to be paid by the pre-emptor."
As such actual payment (sale price) is still to be determined by the Trial Court after recording evidence of the parties, therefore, in the circumstances of the case plaint could not be rejected.
The perusal of judgment dated 11.2.2002 shows that learned Addl. District Judge decided the revision petition after appraisal of entire material available on record and the said order is just and proper There is no illegality or infirmity in the impugned judgments, so as to warrant interference by this Court in writ jurisdiction.
6. The up-shot of the above discussion is that this writ petition has no force and the same is accordingly dismissed. No order as to costs. .