1987 PLP 2550 (MLD)

Civil Miscellaneous No.4151-C of 1987 in Civil Revision No.1106/D of 1982, decided on 22nd September, 1987.

S.115--Compromise agreement between parties pending revision- Effect--Revision petition was disposed of in accordance with terms of agreement arrived at between parties. Jehangir A.Jhoja for Petitioners. Muhammad Ghani for Respondents. Date of hearing: 22nd September, 1987. In the present application (CM. No.4151-C/87) moved jointly by the revision petitioners and the respondents request has been made to dispose of the revision petition in terms of the agreement arrived at between the parties. Firdaus Anjum, petitioner No.3 is minor who is being represented by Nasim Akhtar her real mother. The dispute pertains to the property of Dost Muhammad, deceased. Dost Muhammad had two wives, Nasim Akhtar, petitioner No.1 and Ghulam Zuhra, respondent No.1. He had two daughters Rahila Anjum and Firdaus Anjum from Nasim Akhtar and a son Hamid Ahmad, respondent No.2, from Ghulam Zuhra, his second wife, respondent No.1. Hamid Ahmad holds power of attorney on behalf of Ghulam Zuhra, her mother. According to agreed arrangement, property mentioned at serial Nos.1 to 9 has been admitted to be vesting exclusively in the, petitioners and as such the respondents shall have no concern with the same. In lieu thereof, the petitioners have surrendered their shares in the house situated 'in village Mithial, Tehsil Pindigheb, District Attock and plot situated on Murree Road, Attock in favour of Hamid Ahmad, respondent N0.2. Ghulam Zuhra, widow, of course will continue to hold her share in both these properties. Nasim Akhtar, petitioner No.1, has surrendered her share in the agricultural land belonging to Dost M1uha;nrnad, deceased, situated in the Revenue Estate of Mithial, Tehsil Pindigheb, District Attock in favour of Hamid Ahmad, respondent No.2. The said land shall now be owned by Ghulam Zuhra, Hamid Ahmad, Rahila Anjum and Fardaus Anjum to the exclusion of Nasim Akhtar, petitioner No.1. The petitioners have admitted before me that the property at serial No.1 to 4 no longer vests in them as some of it changed hands in the life time of Dost Muhammad and the other, thereafter. In view of this admission, the petitioners will not be entitled to claim these properties by virtue of this order from the persons in whom they legally vest. It may also be mentioned here that Rahila Anjum has attained majority during the pendency of the case whereas Fardaus Anjum is still a minor. She is being represented by her mother. As this compromise will bring an end to the dispute between the parties and is likely to promote the relationship between the parties, the same is allowed to be entered into and completed on behalf of said minor as well. The disposal of the property, as agreed to between the parties in the above stated terms, is allowed. The revision petition will, thus, stand disposed of in the above terms. Parties are left to bear their own cost. H.B.T./N-68/L Order accordingly.