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Civil Revision No. 41 of 1980, decided on 27th May, 1980.
‑‑ S. 23(4)‑Pre‑emption money, deposit of Pre‑emptor desiring to substitute himself for vendee, held, required to be in possession of means of payment of sale consideration to vendee.
Malik Hadaytullah and 2 others v. Murad Ali Khan P L D 1972 S C 69 ; Gharib Shah v. Alam Shah and others P L D 1952 Pesh. 26 ; Sardar Ghulam Sarwar Khan and 2 others v. Sardar Muhammad Anwar Khan and 2 others P L D 197 [ Pesh. 170 and Sultan Muhammad Khan v. Khuda Bakhsh and another P L D 1.954 Pesh. E4 ref.
‑‑ S. 23(4)‑Pre‑emption money, deposit of‑Bona fide plaintiff while seeking substitution for vendee, held, cannot come forward with plea of being shown leniency by granting him successive extensions of time for deposit of pre‑emption money because of his capital being invested elsewhere.
‑‑ S. 23(4)‑Pre‑emption money, deposit of‑Mere inability to arrange funds for deposit of pre‑emption money, held, not a sufficient or good reason for extension of time.
Niaz Muhammad Khan v. Mian Fazal Raqib P L D 1974 S C 134 ref.
Mian Ismail Qureshi for Petitioners.
Z. Mahfooz Khan for Respondents.
Date of hearing : 21st May, 1980.
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