1. ' NASIM HASAN SHAH, J.--The petitioners' suit for possession through pre-emption was decreed by a Civil Judge First Class, Kahuta. The sale price was fixed at Rs,4,000 and the petitioners were directed to deposit the balance sale price, after deducting the amount of Zar-e-Punjam, before 4- 12-1977 failing which the suit was to be deemed to have been dismissed. The deposit, however, was made on 4-12-1977 and not before 4-12-1977 as directed by the Court.
2. ' Notwithstanding the above, the suit land was, thereafter, mutated in favour of the pre-emptor on 29-12-1980 in execution of the decree of preemption. Some 5 years later, however, the respondent filed an application under section 47 Civil Procedure Code for annulment of the effects of execution and for avoidance of the mutation. On 29-3-1985, he also moved an application for condonation of delay. These applications were dismissed by the learned Civil Judge but on an appeal the learned Additional District Judge vide order dated 13-12-1986 reversed the decision of the trial Court. The last mentioned order of the learned Additional District Judge was affirmed by the High Court on a revision. Hence this petition for leave to appeal.
3. We have heard Mirza Anwar Baig, learned counsel for the petitioners, but are inclined to agree with the view taken by the High Court that in the absence of a valid extension of time by the competent forum after the time for payment/deposit of pre-emption money had run out and the amount not deposited in time, the pre-emption decree became void and the pre-emption suit stood automatically dismissed on account of the provisions of Order XX, Rule 14, C.P.C.
4. This petition, therefore, fails and is dismissed hereby.