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Civil Petition No. 1220 of 1980, decided on 14th October 1980.
(On appeal from the judgment dated 27‑7‑80 of the Lahore High Court in Writ Petition No. 1356 of 1979).
Supreme Court Rules, 1956‑‑
‑‑ O. XLIX, r. 6 read with Civil Procedure Code (V of 1908), O. XXIII, r. 3‑Compromise ‑‑ Parties arriving at a compromise, compromise fair and ending dispute between parties in amicable manner according to their wishes‑Compromise directed to be given effect to by competent authorities and petition for leave to appeal disposed of as withdrawn‑Constitution of Pakistan (1973), Art. 185(3)
Ch. Muhammad Ashraf Azeem, Advocate Supreme Court and Muhammad Aslam Chaudhary, Advocate‑on‑Record for Petitioner. .
Malik Talib Hussain, Advocate Supreme Court and Salahuddin Ahmad, Advocate‑on‑Record for the State.
Date of bearing: 14th October 1980.
‑This petition for leave to appeal is directed against the judgment of the Lahore High Court dated 27‑7‑1950 passed in Writ Petition No. 1356 of 1979.
The facts which form the background are that the petitioner obtained the land in dispute which is situated in Square No. 35, Chak No. 473/G. B. Tehsil Samundari, District Faisalabad on yearly basis in the year 1969 through an open auction. According to him, the lease was extended from time to time. However, the Assistant Collector vide his order dated 16‑10‑1978 allotted the land to Talib Hussain, respondent No. 4, under the Grow‑More‑Food Scheme. The petitioner preferred an appeal against the said order in the Court of the Additional Commissioner (Consolidation), Sargodha, which was dismissed on 25‑1‑1979. Against this order, a revision petition was filed in the Court of the learned Member, Board of Revenue, which also met the same fate on 8‑2‑1979. He, therefore, filed a writ petition (W. P. No. 1356/79) in the Lahore High Court, which was dismissed by a learned Single Judge on 27‑7‑1980. Hence this petition for leave to appeal.
During the pendency of this petition, the petitioner and respondent No. 4 have arrived at a compromise whereby they have agreed to take the land in dispute in equal shares and have submitted an application under Order XLIX, rule 6 of the Supreme Court Rules for disposal of this petition in terms of the compromise. The relevant part on the application is re produced below:
"2. That in order to put an end to the litigation the petitioner and respondent No. 4 have agreed to distribute the land in dispute of Square No. 35, Chak No. 473/GB, Tehsil Samundari, District Faisalabad as under:
s
| Petitioner (Abdul Aleem) | Respondent No. 4(Talib Hussain) |
| K. M. | K. M. |
| Killa No. 1 6‑9 | Killa No. 9 2‑17 |
| Killa No. 2 8‑9 | Killa No. 3/1 4‑4 |
| Killa No. 10 8‑18 | Killa No. 8/1 4‑9 |
| Killa No. 9 6‑1 | Killa No. 11 8‑18 |
| Killa No. 12 8‑18 | |
| Total 29-17 | 29-6 |
3. That further the petitioner and the respondent No. 4 have also agreed to share the tube‑well installed by the petitioner in the above mentioned land to the extent of 50 % (petitioner) and 50 % (respondent No. 4) respectively and two (2) kanals of the land where the tube‑well is working will be shared equally.
4. That the petitioner and the respondent No. 4 will make up their deficiency of their respective subsistence unit of land from the other available land in the same Chak or adjacent Chak. All the formalities shall be fulfilled by both the parties in accordance with law."
We consider that this is a fair compromise and will end the dispute between the parties in an amicable manner, in accordance with their wishes. The compromise may, therefore, be given effect to by the competent authorities. This petition shall stand disposed of as withdrawn with the above observations,
Order accordingly.
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