1985 PLP 448 (MLD)

Dr. Abdul Basit for Respondents Nos. 5 to

11. Date of hearing: 2nd February, 1985. ABDUL SHAKURUL SALAM, J.-- This order will dispose of L.P.A. No.1216.of 1966 and L.P.A. No. 1233 of 1966 as they arise in similar circumstances.

2. It is agreed to by the leaned counsel for the appellants and the auction-purchaser that the property in dispute is property No.NF-S-11-28,S/14, Batik Square. The Mall, Lahore. It was applied for by Bashir Ahmad, since deceased and represented by his heirs, in the first appeal of, C:S. Form and by Mst. Mahmooda Begum appellant in the second appeal on C.a. form. It was auctioned it favour of Muhammad Idrees, minor son of S.Muhammad Din, respondent No.10. Learned counsel for the appellant in the first appeal Mr.Mazhar-uI-Haq Sheikh on instructions and on his own authority and the learned counsel appearing for Mst. Mahmooda Begum, appellant in the second appeal, Kh. Mushtaq Ahmad on his own authority and Dr. A. Basit, Advocate, appearing for respondents Nos. 5 to 11 on his authority have stated that the litigation has been going on too long and it is agreed to that the auction held on 1-12-1961 should hold the field. The auction price of Rs.4,30,000 has already been paid to the Settlement Department. It is agreed that the property auctioned shall be shared in the proportion; of 2/5th by the legal heirs of the deceased Bashir Ahmad appellant in the first appeal, to the extent of 1/5th by Mst. Mahmooda Begum the, appellant in the second appeal, and the rest of the 2/5th shall remain with the auction-purchaser. The front of the property shall also be divided in the same ratio. The portion adjacent to 12-Bank Square to the extent of 2/5th of the front and also the hind area in one block to the said extent, shall vest in the heirs of Bashir Ahmad appellant. Thereafter, shall come the share of Mst. Mahmooda Begum to 1/5th of the front and the rest of the area behind to the extent of 1/5th in one block. Thereafter, the front to the extent of 2/5th and the area behind to the same extent adjacent to the building on the other side shall vest in the auction-purchaser. It is further agreed to that Bashir Ahmad's heirs appellants in the first appeal, shall deliver vacant possession of the area to the extent of 1/5th to Mst. Mahmooda Begum and to the extent of 2/5th to the auction-purchaser, who would also obtain written acknowledgement. This shall be done within a period of three months from today.

3. As regards the payment, the heirs of Bashir Ahmad, appellant in the first appeal and Mst. Mahmooda Begum, appellant in the second appeal, shall make the payment of their respective shares 2/5th and 1/5th to the extent of Rs.1,72,000 and Rs.86,000 to the auction purchaser, as the latter has already paid the entire auction price to the Settlement Department. The said amount shall be paid within six months from today. 4: The order has been dictated in the presence of Zamir Ahmad and the learned counsel for the heirs of the original appellant Bashir' Ahmad 'as well as learned counsel for Mst. Mahmooda Begum, appellant in the second appeal, and the learned counsel for the auction-purchaser and the other private respondents in the said two appeals, who accept the same. This order shall be given effect to by the relevant authorities in their record.

5. The L.P.As. are, accordingly, disposed of. In the circumstances, the parties are left to bear their own costs. A.A. Order accordingly.