2004 PLP 1512 (YLR)

(ii) judgments and decrees respectively passed by learned Civil Judge and learned Additional District Judge on 21‑3‑1998 and 19‑6‑1999 shall be accepted as correct and Civil Revision No.1491 of 1999 be dismissed upon above said payment by Malik Farzand Ali within the above stated period; (iii) decree for possession to suit property passed on 1‑4‑1991 by learned Civil Judge and upheld through judgment and decree dated 24‑3‑1994 by learned lower Appellate Court in favour of Ch. Ahmad Din (whose L.Rs. stand impleaded and are represented by Muhammad Pervaiz as general attorney) may be set aside in acceptance of Civil Revision No. 1629 of 1994; (iv) any amounts deposited by Malik Farzand Ali under any orders, judgments or decrees may be withdrawn by Malik Farzand Ali; and (v) the disputes, claims, differences and cases between the parties relating to the suit‑land shall stand settled, compounded and satisfied in above terms.

3. The above stated offer was accepted by Mian Muhammad Abbas, Advocate on behalf of Malik Farzand Ali on instructions of Malik Farzand Ali and his son Muhammad Sadique present in person.

4. Under the above stated circumstances, Civil Revision No.1491 of 1999 titled "Muhammad Pervaiz etc. v. Malik Farzand Ali" is dismissed and Civil Revision No.1629 of 1994 titled Malik Farzand Ali v. Ch. Ahmad Din" is accepted upon agreement and consensus of the parties and their learned counsel. It is thus adjudged that:‑‑ (i) Malik Farzand Ali shall pay a sum of Rs.6,00,000 without fail to Muhammad Pervaiz (the original owner and general attorney of the legal representatives of Ch. Ahmad Din) within a period of 45 days. This payment shall be made through a Pay Order by Malik Farzand Ali before concerned Registrar/Sub‑Registrar of rights at the time of registration of sale deed; (ii) the sale‑deed shall be made and executed on stamp papers to be purchased at the expense of Malik Farzand Ali and shall be so registered by concerned Registrar/Sub‑Registrar of rights before whom the parties shall appear on 24‑11‑2003 at 9‑30 a. m (iii) original documents of title shall be handed over by Muhammad Pervaiz to Malik Farzand Ali or his representative; (iv) decrees dated 21‑3‑1998 and 19‑6 1999 passed in favour of Malik Farzand Ali for specific performance etc. are maintained with modifications as recorded above and sale‑deed in favour of Ch. Ahmad Din deceased adjudged in the said decrees to be invalid and void shall remain for ever and for always as ineffective, invalid, inoperative and be so cancelled. (v) decrees dated 1‑4‑1991 and 24‑3‑1994 for possession passed in favour of Legal Representatives of Ch. Ahmad Din deceased (petitioners Nos.2 to 8 in Civil Revision No.1491 of 1999 and respondents in Civil Revision No. 1629 of 1994) are set aside in acceptance of Civil Revision No. 1629 of 1994; (vi) amounts deposited by Malik Farzand Ali under orders of this Court or under the judgments and decrees of the learned subordinate Courts are allowed to be withdrawn by Malik Farzand Ali; and (vii) all cases, claims differences, and disputes between the parties relating to the suit‑land shall stand settled, compounded and terminated in above terms.

5. Civil Revision No. 1491 of 1999 and Civil Revision No. 1629 of 1994 stand decided as above and consigned to record. M.I./F‑211/L Order accordingly