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Civil Petition No. 12‑P of 1981, decided on 10th February, 1982:

(On appeal from the judgment and order of the Peshawar High Court, Peshawar dated 1‑12‑1980 passed in RFA‑15 of 1976).

----Art. 185(3)‑Leave to appeal‑Both parties agreeing as to petition for leave to appeal having been filed by mistake of fact and petitioners having been entitled as of right to file a direct appeal before Supreme Court‑Petition for leave to appeal hence treated as an appeal Counsel of parties also agreeing as to respondents being entitled to enhanced rate of compensation on their share in land as assessed by High Court‑Appeal being time‑barred dismissed in circumstances. [Appeal to Supreme Court].

Inayat Elahi, Advocate‑General, N.‑W. F. P. (Peshawar) for Petitioners.

Fida Muhammad Khan, Advocate for Respondents.

Date of hearing:. 10th February, 1982.

‑The learned counsel for the petitioners submit that by mistake of fact, this petition was submitted in this Court; whereas the petitioners were as of right entitled to lodge a direct appeal before this Court as the amount involved therein is in excess of Rs. 50,000. The learned counsel for the respondents also agrees. This petition is, therefore, to be treated as an appeal before this Court. Notice was given to Mr. Fida Muhammad Khan, Advocate, who appeared on behalf of the respondents and he has accepted this notice. Statement of the learned counsel for the appellants and the learned counsel for the respondents has been recorded wherein they agree that the respondents are entitled' to the enhanced rate of compensation on their share in the land as assessed by the High Court in its order dated 1‑12‑1980. This appeal stands dismissed as being time‑barred, but we pass no order as to costs.

Appeal dismissed.

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