1991 PLP 1235 (SCMR)
Dr. FAROOQ HAMID and others — Appellants Versus Kaka MUHAMMAD KHAN and 6 others — Respondents
| Citation | 1991 PLP 1235 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, Zaffar Hussain Mirza |
| Parties | Dr. FAROOQ HAMID and others — Appellants Versus Kaka MUHAMMAD KHAN and 6 others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1991 PLP 1235 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1235 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, Zaffar Hussain Mirza.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1235 (SCMR) (Dr. FAROOQ HAMID and others — Appellants Versus Kaka MUHAMMAD KHAN and 6 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Zaffar, Advocate Supreme Court, Iftikhar Muhammad, Advocate-on -Record and Tariq Mehmood, Advocate-on-Record for Appellants.
- Yahya Bakhtiar, Senior Advocate Supreme Court for Respondents.
- Date of hearing: 7th June, 1990.
- M. Zaffar, Advocate Supreme Court, Iftikhar Muhammad, Advocate‑on -Record and Tariq Mehmood, Advocate‑on‑Record for Appellants.
Headnotes / Summary
OXXIII, R.3
Constitution of Pakistan (1973), Art.185(3)
Compromise between parties during pendency of appeal
Parties to appeal having amicably settled dispute and having filed application in writing praying that appeals be disposed of in terms of compromise embodied in the application, Supreme Court granted such request and disposed of appeals in terms of compromise
Supreme Court also appointed Commissioner as envisaged in application for compromise and parties were directed to pay him specified fee within time fixed by Court-- Parties were made known that breach of undertaking to abide by the terms and conditions and any violation thereof would amount to contempt of Court.
Judgment & Decree
(2) That the appellant shall be permitted by the respondents to demolish their respective shops while they shall continue to remain in possession of the site of the premises. (3) That in order to enable the appellant to demolish the present structure of the shops, respondents shall remove their goods, articles and other effects from the shops within 30 days from today. (4) Appellant shall demolish and carry out the reconstruction work of the new building so far as the shops are concerned within the next following six months. For ensuring compliance with the above terms a Commissioner may be appointed. (5) After the completion of the newly‑reconstructed shops within the above stipulated period, respondents‑tenants shall be entitled to occupy their respective shops forthwith. The rent of the shops will be determined by the Rent Controller on the application of any of the parties. Until the determination of the rent by the Rent Controller, respondents shall pay rent at the present rate from the date of the occupation of the newly‑constructed shops. (6) That appellant shall not sell, transfer, alienate or dispose of the site or reconstructed shops in any manner until the respondents‑tenants occupy the same. (7) The appellant shall pay the fees of the Commissioner, as ordered by the Court. (8) The parties undertake to abide by these terms and conditions and any violation will amount to a contempt of Court. (9) If the Masjid Road is widened by the Municipal Corporation it would not affect the tenants' right nor the sizes of their shops nor through any other excuse the tenants shall be deprived of their above right. In view of the fact that the parties have settled the controversy among them, we grant the request and dispose of the appeals in the terms of the compromise. The Additional Registrar, Administration, Balochistan High Court is appointed as the Commissioner and his fees are fixed at Rs.3,000 payable by the appellant within two weeks. It is made clear to the parties that breach of the undertaking to abide by the terms and conditions and any violation thereof will amount to a contempt of Court. In the circumstances, the parties are left to bear their own costs. AA./F‑196/S Order accordingly.