1985 PLP 2006 (SCMR)
Syed HAYAT SHAH‑‑Appellant Versus THE PROVINCE OF BALUCHISTAN and others‑‑Respondents
| Citation | 1985 PLP 2006 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Nasim Hasan Shah and Abdul Kadir Shaikh, JJ |
| Parties | Syed HAYAT SHAH‑‑Appellant Versus THE PROVINCE OF BALUCHISTAN and others‑‑Respondents |
Q1: What are the key laws and sections cited in 1985 PLP 2006 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 2006 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Nasim Hasan Shah and Abdul Kadir Shaikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 2006 (SCMR) (Syed HAYAT SHAH‑‑Appellant Versus THE PROVINCE OF BALUCHISTAN and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Azizullah Memon, Advocate Supreme Court for Appellant.
- Iftikhar Muhammad Advocate Supreme Court for Respondents.
- Date of hearing: 30th March, 1985.
Headnotes / Summary
Constitution of Pakistan (1973)‑‑ ‑‑‑Art. 185‑‑Appeal to Supreme Court‑‑Parties signing an agreement/ compromise binding themselves to the effect that they would abide by judgment/decree passed in civil litigation upto forum legally available to them and whatever final decision was given by last forum would be binding on them‑‑Supreme Court disposed of appeal in terms of agreement.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑After some arguments an agreement has been reached between the two sides which is reproduced below: "The parties submits as under:‑ (1) That the above matter is pending in this Honourable Court and is fixed on 30th March, 1985. (2) That the appellant had filed Civil Suit about his title in the land underneath the shops and Bus Stand in the Court of Qazi Khuzdar. (3) That the learned Qazi on 4‑12‑1984, granted an ex parte decree in favour of the appellant, not only about the land but also superstructure of the shops and so far bus stand is concerned there is no mention in the decree of the learned Qazi. (4) That the respondents have filed appeal against the judgment and decree of Qazi Khuzdar before Majlis‑e‑Shoora and the said Court has stayed the execution of judgment /decree. In view of the above said situation the parties have entered into compromise in the following terms:‑ (a) That both the parties bind themselves to the effect that they will abide by the judgment/decree passed in civil litigation upto the forums legally available to the parties and whatever the final decision by the last forum, will be given, that will have binding effect. (b) That the Deputy Commissioner will pass a fresh order about the superstructure and rent after hearing the parties, after the decision of the civil litigations by the last forum. (c) That during the pendency of civil litigation between both the parties, the Deputy Commissioner, Khuzdar will collect rent of the shops and bus stand, which is the subject‑matter and will keep it as "AMANAT" with some bank and after decision of the civil litigations between the parties this amount will be given to the party who will become entitled in view of the final judgment/ decree resulting out of civil litigations. It is, therefore, prayed that in the light of above said conditions, the appeal entitled above may kindly be disposed of, without prejudice to the rights of parties to raise the respective pleas during civil litigations." The agreement is signed by both the learned counsel as also by the appellant. This appeal is disposed of in terms of the compromise with the further direction that the amount collected under sub‑clause 6 (c) of Paragraph 4 of the agreement shall be invested /deposited in the maximum profits bearing arrangement with the bank. The disposal of the principal and the profit will be in accordance with the terms of the agreement. M.Y.H.??????????????????????????????????????????????????????????????????????????????????????????????? Order accordingly