' KHALIL AHMAD, J.--- The appellant filed a suit for preemption of land situated in Khewat No,1 Khatuni Nos.2297, 3266, 3270, 3271, 3291 as per Jamabandi for the year 1999-2000 regarding 2 Kanals, 18 Marlas situated in Chak No,207/RB Tehsil and District Faisalabad sold through Sale-deed No,3962 dated 10-3-2005.
2. The suit was contested by the respondents stating that the sale has taken place for Rs,76,50,000 and if certified copy of the sale-deed was annexed by the appellant, the sale price of Rs,76,50,000 was to be mentioned by the appellant/plaintiff. The respondents also filed an application under Order VII, rule 11, C.P.C. On the ground that the appellant has deposited Rs,7,34,000 as 1/3rd of the sale price instead of Rs,25,50,000 and the suit was liable to be dismissed under section 24(2) of the Punjab Pre-emption Act, 1991.
3. The application was contested by the appellant by contending that no formalities as required under the section 159 of the Registration Act has been adopted. This sale-deed was duly entered in the Revenue Record and Mutation No,101500 was also on the record of the trial Court which has not been intentionally attached with this appeal.
4. The learned Civil Judge after hearing both the parties observed that the consideration of Rs,76,50,000 as sale price of the land has been mentioned in the sale-deed and the appellant as such was liable to deposit 1/3rd of Rs,76,50,000 the sale price paid by the purchaser/respondent.
Since the appellant has not complied with the mandatory provision of law, therefore, the learned Civil Judge vide judgment and decree dated 13-3-2006 accepted the application under Order VII, rule 11, C.P.C. Read with section 24(2) of Punjab Pre-emption Act, 1991 and rejected the plaint. The appellant filed appeal which too was dismissed by the learned Additional District Judge, vide judgment and decree dated 2-6-2007. Hence this petition.
5. I have gone through the certified copy of sale-deed available on the record which indicates that the sale-deed was written on 22-2-2005 and attested on 10-3-2005. At the time of attestation the respondents made up deficiency of stamp paper through Challan No,158 dated 7-3-2005,and Challan No,122 dated 10-3-2005 and there is a clear note on the document to the effect that the value of the registered sale-deed is Rs,76,50,000 and same is the position in Mutation No,101500.
The suit was instituted on 23-5-2005 and on the same day the appellant was directed to deposit 1/3rd of the sale price till the next date of hearing. The respondents filed written statement on 17-11- 2005 clearly mentioning the value of the suit property as Rs,76,50,000.The respondents filed an application under Order VII, rule 11, C.P.C. For the rejection of plaint but even then the appellant did not make any effort to deposit 1/3rd of the sale price and till date their version is that the sale price is Rs,22,00,000 and as such he has rightly paid Zar-e-Soam of Rs,7,34,000. Till date no certified copy of the sale-deed indicating that the suit property was sold for Rs,22,00,000 has been placed on record, whereas the respondents have placed a certified copy according to which suit property was sold for Rs,76,50,000. The Zar-e-Soam as per section 24 of the Punjab Pre-emption Act, 1991 is to be deposited within the time prescribed by the Court not exceeding 30 days and under section 2 of section 24 (ibid), the suit on account of non-deposit of Zar-e-Soam is to be dismissed.
6. Learned counsel for the appellant was unable to point out any illegality or any substantial defect or error in the impugned orders of both the Courts below warranting interference by this Court. The appeal is therefore, dismissed.