1990 SCMR1588 (PLP)
Mst. BASHIR BIBI and others‑‑‑Appellants Versus Mst. WALLAN BIBI and others‑‑‑Respondents
| Citation | 1990 SCMR1588 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, CJ. and Abdul Qadeer Chaudhry J |
| Parties | Mst. BASHIR BIBI and others‑‑‑Appellants Versus Mst. WALLAN BIBI and others‑‑‑Respondents |
| Primary Law | Civil Procedure Code (Y of 1908)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 SCMR1588 (PLP)?
This judgment primarily cites: Civil Procedure Code (Y of 1908)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 SCMR1588 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, CJ. and Abdul Qadeer Chaudhry J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 SCMR1588 (PLP) (Mst. BASHIR BIBI and others‑‑‑Appellants Versus Mst. WALLAN BIBI and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Munir Peracha, Advocate Supreme Court and Ghulam Dastgir, Advocate‑on‑Record for Appellants.
- M.M. Saeed Beg, Advocate Supreme Court and Inayat Hussain Advocate‑on‑Record for Respondent No.l.
- Date of hearing: 22nd Ma 1990.
Headnotes / Summary
(On appeal from the judgment dated 21‑11‑1979 of the Lahore High Court, Lahore, in R.S.A. No.666 of 1975). ‑‑‑‑O. XXIII, R.3‑‑‑Constitution of Pakistan (1973), Art.185‑‑‑Compromise‑‑‑No impediment in acceptance of compromise effected between parties‑‑ Arrangements made by parties ending in an amicable settlement and compromise were fair and practicable which enjoined that children of respondent from different husbands would get the property to the exclusion of others‑‑‑Both the parties having assured genuineness of compromise same was made order of the Court‑‑‑Appeal was thus disposed of in terms of compromise. Remaining Respondents: Ex parte.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, CJ. ‑‑‑This appeal through leave of the Court is directed; against the acceptance by the high Court of an R.S.A. filed by the respondents side; whereby the appellate judgment in favour of the appellants was reversed and the judgment and decree of the trial Court in a suit for declaration seeking the annulment of a gift by the respondents side, was restored. The parties being very closely related inter se their learned counsel were. asked to explore the possibility of settlement out of Court. The parties were also ordered to be summoned. They are present today. Learned counsel for both sides discussed in detail the pros and cons of various alternatives for a settlement out of Court. After considerable discussion and bargaining the parties have arrived at an agreement /compromise on the basis that Mst. Wallan Bibi's (respondent's) children should be given the property as it would satisfy every body. They have produced the following written compromise:‑‑
"(1) That the suit property measuring 199 Kanals and 4 Marlas in village Khan Muhammad Walla and village Hathi Wand Tehsil Bhalwal District Sargodha, may be divided amongst the following legal heirs of Mst Wallan in the shares specified against every heir as under:‑‑ (1) Mst. Amir Bibi daughter 1/7 share (2) Mst. Bashir Bibi daughter 1/7 share (3) Aman Ullah son 2/7 share (4) Atiq Ullah son 2/7 share (5) Mst. Suriya daughter 1/7 share (2) That every person mentioned in the preceding paragraph would be entitled to the possession of his/her share which will be given on or before 1‑6‑1990. In case the possession is not delivered according to this compromise, the aggrieved party can move this Honourable Court for implementation of this compromise instead of filing a separate suit. (3) That Mst. Amiran who was minor at the time of civil petition has now attained majority and gives consent to this compromise." The arrangements made by the parties in this difficult case ending in. an amicable settlement and compromise, are fair and practicable. The children of Mst. Wallan Bibi from different husband's would get the property to the exclusion of others. There is no impediment in the acceptance of the compromise. Learned counsel for both sides have assured its genuineness. Accordingly the aforerecorded compromise is made the order of the Court. A decree accordingly shall follow. Thus, the matter stands disposed of in terms of the compromise. There shall be no order as to costs. AA./B‑166/S Order accordingly.