- (1.) There are two points that I have to decide in this appeal which arises under the following circumstances. The decree for pre-emption was passed against Jhabar on 9-1-1945 and the money was to be deposited on or before 2-4-1945, the balance being Rs. 275. On 29-3-1945, Shiv Ram made an application to the Court which was in the following terms: "Sir, In the above mentioned case the plaintiff and the defendant have made a mutual settlement that the amount due as the purchase price was Rs. 575. The money was to be deposited by 2-4-1945. The plaintiff had deposited Rs. 300 as one-fifth of the purchase price on 26-6-1944 at No. 87 of the register. It is, therefore, prayed that Rs. 275 the balance of the amount due to defendant 4 should be allowed to be deposited into the treasury according to the rules." The application also shows an order of the Court of the same date, i.e. 29-3-1945, "Rs. 275 may in accordance with rules be deposited." There is number given, No. 1, and this is dated 2-4-1945. The money was actually deposited on 3-4-1945.
(2.) An application was put in by Jhabar vendee praying that the suit of the plaintiff should be dismissed on the ground that he had not deposited the full purchase money within the time allowed and that Rs. 51-10-0 should be paid to him as costs.
(3.) The decree-holder pleaded that he came to Gurgaon with one Nihalu on 29-3-1945 for depositing Rs. 275 in Court and that he presented an application for depositing the money in treasury on 29-3-1945. The money could not be deposited on that date. 30th of March and 1st of April were holidays, and the 31st of March was a working day of the month. It was difficult for the petitioner to deposit money in the treasury on the last working day, and he, therefore, sent Nihalu with the money and asked him to deposit it on 2-4-1945, but it could not be deposited on that date as it was presented late and the treasury was closed at 2 P. M., but he says that the money was tendered on 29-3-1945 and 2-4-1945 and that this tender amounted to payment.;