Mahajan, J.

1. This execution second appeal has been placed before us in view of the order of Harbans Singh, Acting, C. J., dated the 17th July. 1969 The matters which the learned Judge wanted to be settled by a larger Bench, in our opinion, do not arise as will presently appear from the narration of facts. As the whole case has been placed before us. We have dealt with it and disposed of the same.

2. The land in dispute was sold by Smt. Rallo Devi, the grandmother of the present respondent. This sale was preempted by Vinod Kumar who was the grandson of the vendor. His suit was decreed by the trial Court on the 31st of August. 1962. with regard to two-third of the land on payment of Rs. 19,333-33. A direction was given in the decree that the balance of the pre-emption money had to be deposited by the 10th of November, 1962. The money could not be deposited by the 10th of November, 1962, because the Treasury was closed and, in fact, the deposit was made on the next working day, that is, the 12th of November. 1962. Against the decree, that was prepared, two appeals were preferred: one by the plaintiff-pre-emptor and the other by the defendant-vendee. The vendees claim in appe