JUDGMENT

SAIKIA, J. :— This appeal by special leave is from the judgment of the High Court of Punjab and Haryana allowing the revision petition, setting aside the order of the Senior Subordinate Judge and dismissing the application of the decree-holder praying for permission to deposit the balance amount of the pre-emption decree.

2. On 21-9-1975 the Court of the Senior Subordinate Judge decreed a claim to pre-emption in favour of the appellant and against the respondents subject to the deposit of the purchase-money being Rs. 41,082/- less the amount of Zare-Panjum on or before 31-12-1975 failing which his suit would stand dismissed. The appellant by application dated 22-11-1975, annexing a treasury challan, obtained permission to deposit 4/5th of the purchase-money amounting to Rs. 33582/-and the amount was deposited on 28-11-1975, although the last date for depositing the amount was 31-12-1975. On 4-12-1975 he filed an execution petition for being delivered possession of the land and the possession was actually delivered on 29-1-1976.

3. It appears, on 21-1-1976 the office reported that the amount deposited fell short of the decretal amount by Rs. 100/-. Thereupon two separate appl