2005 PLP 1668 (SCMR)

MUNIR A. SHEIKH, J.

By this common judgment, we propose to decide both these petitions involving identical questions of law and facts.

2. Through judgment, dated 4-12-1972, the trial Court decreed the suit of respondent No.1 to pre-empt sale of the land measuring 505 Kanals, 3 Marlas situated at Village Kot Mari Tehsil Naushera Virkan, District Gujranwala. In execution proceedings, some objections were raised by the judgment-debtors/respondents in Civil Petition No.1603-L of 2000. Both these petitions have arisen from the said objection petitions.

3. The parties have settled the matter through compromise through which the original decree, dated 4-12-1972 is to be modified and adjustment of land made between them as agreed by them and they have prayed for decision of both these petitions in terms thereof.

4. The terms of compromise have been given in paragraph 2 of civil miscellaneous petition made for decision of these petitions on the basis of compromise which are reproduced below in extenso: "(1) That the land in dispute was purchased by Khushi Muhammad, Muhammad Hussain, Abdul Karim, Muhammad Siddique, Bashir Ahmed, Muhammad Yousaf and Imam Din. Against this sale a suit of pre-emption was filed by Bahawal (predecessor of Taj Din respondent) and Fakhar-ud-Din (predecessor of Mst. Wakil Bibi and others respondents) which was decreed by the learned Civil Judge, Gujranwala. Under this decree the land measuring 505 Kanals and 3 Marlas situated at Village Kot Mari Tehsil Nausheran Virkan, District Gujranwala was transferred to them. (2) That this decree is under challenge in the present proceedings. (3) That the petitioner and the respondents have agreed that this land measuring 505 Kanals and 3 Marlas be transferred to the parties in the following manner: (a) Out of the disputed land area measuring 252 Kanals and 12 Marlas be transferred to Taj Muhammad son of Bahawal respondent. It may be mentioned here that Taj Muhammad has already got Mutation No.466 of this land, sanctioned in his favour. All the parties accept this mutation as binding on them. (b) That out of the remaining land area measuring 152 Kanals be transferred in this manner:-- (i) one half of this 152 Kanals land be transferred to Muhammad Siddique, Bashir Ahmed and Muhammad Yousaf (Petitioners Nos.1, 2 and 3 respectively in this C.P.S.L.A.) in equal shares. (ii) Remaining one half of this 152 Kanals land be transferred to Imam Din petitioner No.4. (c) That the land measuring 32 Kanals and 5 Marlas be transferred to Khushi Muhammad son of Imam Din and Muhammad Hussain son of Muhammad Nawab in equal share, who were the original purchasers of the land, against whom the pre-emption suit was filed. (d) That the land measuring 68 Kanals and 6 Marlas be transferred to the heirs of Fakhar-ud-Din (deceased respondent No.2 in the present petition."

5. We have satisfied ourselves that the parties have settled the matter with their free-will which is lawful agreement, therefore, the same is accepted, judgment and decree dated 4-12-1972 passed by the trial Court in the suit of pre-emption is hereby modified and the land transferred and adjusted in favour of the respective parties as has been detailed in the above-mentioned terms of the compromise and modified decree in terms thereof shall be deemed to be decree operative between the parties.

6. Learned counsel for the petitioners have also stated that the lands transferred to respective parties according to this compromise are in their possession, therefore, this modified decree stands satisfied in its entirety as the parties have taken possession of their respective portions allocated to them as owners thereof and nothing is left to be done further in respect thereof.

7. For the foregoing reasons, these petitions are converted into appeals, the same are accepted in terms of the above-mentioned compromise and the decree passed by the trial Court shall stand modified as detailed above.

8. No order as to costs. S.A.K./M-906/S Appeals accepted.