2000 PLP 1326 (SCMR)

This petition has been filed by Mr. Ch. Muhammad .Ishaq and others against Mr. Ch. Abdul Ghani. The petitioners and the respondent are related inter se being successors-in-interest of Ch. Eid Muhammad who owned a considerable property including Rattan Cinema, Lahore and Regal Cinema, Sheikhupura. Vide impugned order a Receiver has been appointed to control management of Rattan Cinema, Lahore. The said order has been challenged through this petition and in course of proceedings the parties have entered into a compromise and have filed an application which has been placed on record. It reads as under: "(1) That it is specifically stipulated and agreed that all the properties mentioned above would be sold within a period of six months from today extendable by another three months in case of non-availability of a buyer and the share of the each party would be determined and settled and thereafter distributed according to Sunni law ofinheritance in accordance with the Islamic law, both parties would be free to endeavour for the sale of these properties and these properties would be sold to the highest bidder "(2) That as the party of the First Part is not in physical possession of any property mentioned above, therefore, in order to safeguard its rights of the party of the Second Part agrees to mortgage the Regal Cinema, Sheikhupura, in favour of the party of the First Part with all its privileges, rights etc. and possession till the final settlement of the share of the party of the First Part in the properties mentioned above, the deed of registered mortgage with possession and management shall be executed within 15 days of today with immediate handing over of possession, the first party will be responsible to re-distribute the income of this cinema according to Islamic share of each party. "(3) That as the party of the First Part is not within the knowledge of the accounts being maintained by the party of the Second Part since 12-8-1996 therefore, the party of the First Part will have unfettered access to all accounts with necessary freedom to examine them and if need be to raise all just exceptions which would be attended 'to and disposed of with the final settlement of accounts. This will exclude the (sic) of management run by Ch. Muhammad Ibrahim deceased. "(4) That the party of the Second Part agrees and undertakes to immediately settle and pay all outstanding dues, if any of the party of the First Part and ensure that in future all these payments would be paid to the party of the First Part by or before the 10th day of each calender month. "(5) That the party of the Second Part promises to keep true and faithful accounts of the Rattan Cinema, Lahore, alongwith rents of shops, internal publicity, Canteen etc. and the party of the First Part would also be ensured participation in contracts and all other allied and ancillary business. "(6) That it is specifically agreed that the litigation pending in all Courts would be disposed of in terms of this compromise and it is agreed that all parties would faithfully adhere to the terms of this compromise in letter and spirit." In the light of this agreement the impugned order appointing the Receiver for Rattan Cinema, Lahore is set aside, and the management of Rattan Cinema' Lahore would now vest in the petitioners and the management of the Regal Cinema will vest in the respondent.

2. It has also been stated before us that the civil suit pending in the Civil Court shall also be withdrawn. It has also been stated before us that the petitioners shall execute the mortgage deed as guarantee for the share of the respondent in the estate of late Ch. Eid Muhammad.

3. In the light of the above observations and the agreement, this petition is converted into appeal and disposed of. We further direct the P Receiver to hand over the collection of money to the petitioner which shall be distributed in accordance with shares of the petitioners and the respondent. Q.M.H./M.A.K./-M-37/S Order accordingly.