1977 PLP 319 (SCMR)

‑ S.13(5‑B)‑Parties coming to a compromise, landlords in pursuance of compromise agreeing to relet shops after construction to respective tenants, respondents present before Court undertaking to vacate and surrender possession within one month to enable landlords to recon struct premises‑Parties and respondent not present ordered to abide by terms of compromise and Rent Controller directed to fix proper rent of shops when constructed afresh. [Compromise]. Kh. Muhammad Tufail, Advocate instructed by Tanvir Ahmad, Advocate- on‑Record for Appellants. Sh. Abdul Karim, Advocate‑on‑Record for Respondents Nos. 1 and 3 (present). Date of hearing : 24th May 1976. MUHAMMAD AKRAM, J.‑The dispute in these three appeals relates to the three shops situated in Block No. 10, Rail Bazar, Jhang. The property is owned by Manzoor Hussain and Muhammad Tahir appellants. They filed separate applications against the respective respondents in the three cases for their ejectments from the three shops under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 on the ground that they wanted to reconstruct the three shops after demolition for which they had already obtained the sanction from the Municipal Committee, Jhang. After hearing, the Rent Controller, Jhang allowed the three applications before him on the 29th November, 1963 and ordered the ejectments of the respective respondents from the premises. But the order was reversed on separate appeals of the respective respondents accepted by the Additional District Judge, Jhang on the 24th February, 1966. Dissatisfied, the appellants went up in three second appeals against the order. On the 3rd April, 1968, a learned Judge of the then High Court of the West Pakistan rejected the appeals before him. This led to three Letters Patent Appeals filed by the appellants herein against the order of the learned Single Judge. On the 5th June, 1968, a Division Bench dismissed the three appeals before it. In these circumstances, the appellants filed three separate petitions for special leave to appeal in this Court from the order of the Letters Patent Bench. On the 14th February 1969, this Court granted leave to appeal to the appellants in all the three cases. During the course of the arguments addressed before us, the parties arrived at a compromise. In pursuance to this compromise, Manzoor Hussain and Mohammad Tahir appellants have agreed that they shall relet the three shops after reconstruction to the respective respondents as required b section 13 (5‑B) of the Ordinance. Two of the respondents, who are present, undertake to vacate and surrender possession of the premises in dispute within one month to enable the appellants to reconstruct them. The sum order will also apply to the third respondent, who is not present today. The appellants will complete the reconstruction of the three shops at the site in a period of four months from the date of the delivery of the possession of the premises to them by the respondents and offer the possession of the newly reconstructed shops to the respective respondents as tenants under them: The Rent Controller will fix the rent of the newly constructed shops accordance with law. Till then the appellants shall not be entitled either t occupy the shops themselves or to lease them out to others. These appeals are allowed in the above terms. No order as to costs. Order accordingly.