DINESH Vs. LAL SINGH

JUDGEMENT

(1.) The petitioner-decree holders by way of this revision petition have challenged the order dated 12-8-1985 passed by the Sub-Judge 1st. Class, Gurgaon. vide which the application moved by the petitioners for extension of time for deposit of preemption money has been declined and the suit filed by the petitioner-plaintiffs for possession by way of pre-emption has been ordered to be dismissed.

(2.) The petitioners filed a suit for possession by way of pre-emption and the same was decreed by the learned trial Court on 8th May, 1984. The decree was subject to deposit of Rs. 11,960/- less 1/5th pre-emption money which was to be deposited on 18th July, 1984. It was made clear in the said decree that on failure of the plaintiffs to deposit the amount by 18th July 1984, the suit of the plaintiff-decree holders was liable to be dismissed. The decree-holder- petitioners failed to deposit the amount on 18th July, 1984, but deposited the same on 25th July 1984. The defendant-judgment- debtors moved an application for withdrawal of the amount when it came to their notice that the amount had not been deposited within the stipulated period and thereafter an application was moved by the decree- holders-petitioners for extension of time.

(3.) The petitioners sought extension of time on the plea that Smt. Parbhati, natural guardian of plaintiff No. 1 had come to deposit the amount, but she fell ill on 17-7-1984 and, therefore, the pre-emption money could be deposited only 25th July, 1984. In the application moved for extension of time, it was pleaded that the money which was to be deposited by plaintiff No. 2 was given to Smt. Krishana Devi, who also handed over the same to Smt. Parbhati Devi.