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ZAHEER ANWAR versus S. M. ABBASI


The Civil Procedure Code (v. 1908) was compromised by Section 47 parties in which substantial legal applications were dealt with.
1980 S C M R 681

Present: Karam Elahee Chauhan and Nasim Hasan Shah, JJ

MESSRS ZAHEER ANWAR ETC.‑‑‑Petitioner

versus

S. M. ABBASI AND ANOTHER‑Respondents

Civil Petition for Special Leave to Appeal No. 427 of 1979, decided on 11th February, 1980.

(On appeal from the judgment and order of the Lahore High Court, dated 8‑4‑1979, in R. S. A. No. 210/79).

Civil Procedure Code (V of 1908) ‑ S. 47‑Compromise reached by parties quite lawful‑Petition disposed of in terms thereof.

Hamid Ali Mirza, Advocate Supreme Court and Muhammad Naazar Khan, Advocate‑on‑Record for Petitioners.

S. Abid Nawaz, Advocate‑on‑Record for Respondents.

Date of hearing : 11th February, 1980.

ORDER

KARAM ELAHEE CHAUHAN, J.

‑The parties have compromised in this way that "the petitioners would hand over possession of one room with attached bath (which were the subject matter of the previous ejectment application against Muhammad Shareef (respondent No. 2) to S. M. A. Abbasi (respondent No. 1) within two days. There is another room on the spot adjacent to the aforesaid portion. The petitioners are allowed to retain that room as a tenant under S. M. A. Abbasi (respondent No. 1). The petitioners accept S. M. A. Abbasi as their landlord and the latter accepts the former as his tenant. This relationship will be regulated by the law of the landlord and tenant as in force in this urban area. The possession of the portion, which the petitioners are to vacate will be handed over to respondent No. 1 within two days.

2. The compromise as recorded above is quite lawful. The petition stands disposed of in terms thereof leaving the parties to bear their own costs.

Petition dismissed.

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