2014 PLP 612 (MLD)

MALIK MANZOOR HUSSAIN, J.

This revision petition is directed against judgment and decree dated 12-5-2012, passed by learned Addl: District Judge-II/Izafi Zilla Qazi, Chitral whereby the appeal filed by the petitioners was dismissed and judgment and decree dated 22-2-2011, passed by learned Trial Court, whereby the suit filed by petitioner was dismissed, had been maintained.

2. Briefly, the facts of the case are that the petitioner/plaintiff filed a suit for declaration and possession through partition against the respondents. The suit was contested by respondents and after conclusion of trial, the learned trial Court decreed the suit. The appeal filed by respondents was accepted by learned Appellate Court and in consequence thereof the suit of petitioner was dismissed.

3. Learned counsel for petitioner contended that the learned Appellate Court failed to assess and evaluate the material available on file and have failed to discuss the evidence produced by petitioner. He further contended that the learned appellate Court failed to decide the matter issue-wise.

4. Conversely, learned counsel for respondents supported the judgment of learned appellate Court and contended that the witnesses of petitioner admitted the compromise taken between the parties in a Jirga and payment of consideration by the petitioner. Arguments heard, record perused.

5. Perusal of record reveals that after death of first husband of petitioner and her marriage with the new husband, there arose a dispute between the petitioner and respondents, in consequence whereof a Jirga was convened wherein the legacy fell in share of the petitioner, was properly assessed and its value was ascertained as Rs.1,35,000 out of which Rs.1,00,000 was paid through cheque and for Rs.35,000 Cow and household articles were given to the petitioner. This fact has been admitted by all the witnesses of the petitioner during cross-examination with some modifications. The Jirga decision was also admitted in the contents of plaint and by the attorney of petitioner before trial Court. The Jirga members were produced in the trial Court, who affirmed the settlement of dispute between the parties. It is established on record that in order to make payment, the respondents sold his property on throw away price, so as to collect Rs.1,00,000 cash to be paid to the petitioner. Rest of the amount was paid in kind in the shape of a Cow and household articles, thus the learned appellate Court properly appreciated this fact and passed a well reasoned judgment.

6. It is well settled that private arrangement and partition deserves the same sanctity which a lawful contract deserves and should not be interfered with in any legal proceedings unless the private arrangement or partition is otherwise not legally permissible. In the case in hand private arrangement was duly taken place and was acted upon by the parties and the petitioner cannot turn around and question the authenticity of same through asking for fresh partition before any court of law, which had already been taken place and been acted upon by the parties. In view of what has been discussed above, this petition is devoid of any force and is dismissed. JJK/674/P Petition dismissed.