1990 PLP 8 (SCMR)
MUHAMMAD AKRAM‑‑Appellant Versus ADDITIONAL DISTRICT JUDGE and 2 others‑‑Respondents
| Citation | 1990 PLP 8 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Javid Iqbal |
| Parties | MUHAMMAD AKRAM‑‑Appellant Versus ADDITIONAL DISTRICT JUDGE and 2 others‑‑Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 8 (SCMR)?
This judgment primarily cites: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 8 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Javid Iqbal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 8 (SCMR) (MUHAMMAD AKRAM‑‑Appellant Versus ADDITIONAL DISTRICT JUDGE and 2 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Mushtaq Ahmad Khan, Advocate and S. Abul Aasim Jafri, Advocate -on‑Record for Petitioner.
- Rafique Ahmad Bhatti, Advocate and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondents.
- Date of hearing: 5th March, 1989.
- Through Advocate s/o Fazal Muhammad Appellant.
- Through Advocate Through: Advocate."
Headnotes / Summary
(On appeal from the order, dated 5th December, 1988, of the Lahore High Court, in Writ Petition No.1951 of 1988). ‑‑‑S.15‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Acceptance of appeal in terms of compromise between parties‑‑‑Leave to appeal having been granted to tenant against orders of eviction, deed of compromise with a request of its acceptance was presented to Supreme Court wherein tenant had undertaken to vacate the shop up to a specified date whereto landlord had no objection‑‑ Landlord had undertaken to occupy the shop and her son would start business therein within statutory period, failing which possession of same shall be immediately handed over to tenant on the ' existing terms of tenancy‑‑ Compromise presented before Court appeared to be genuine; there being no impediment in acceptance of the same‑‑‑Appeal was thus allowed in terms of compromise.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal having been granted to a tenant against the orders of eviction (affirmed by the High Court by dismissing the petitioner's writ petition) he through his counsel has presented a deed of compromise with a request for its acceptance. The learned counsel for the respondent is present. The deed of compromise is accompanied by a special power of attorney and is signed by the parties as well as the counsel for both sides. It reads as follows:‑ "(1) That the parties to the titled appeal have compromised in the following terms:‑ (i) That Muhammad Akram appellant has undertaken to vacate the shop in dispute upto 3rd of September, 1989, and the respondent No.2 has no objection to the grant of the above-said time for vacation of the shop by the appellant. (ii) That respondent No.2 undertakes to occupy the shop and her son Masoom Akhtar Asghar shall start his business within the statutory period after getting vacant possession of the shop. In case of failure to do so possession of the shop shall be immediately handed over to the appellant as a tenant on the same terms and conditions on which he is holding the shop at present. Respondent No.2 Appellant, Sd./ Sd./ (Irshad Begum) (Muhammad Akram) Through Advocate s/o Fazal Muhammad Appellant. Sd./ Sd./ Through Advocate Through: Advocate." The compromise appears to be genuine. There is no impediment in accepting the same for disposal of this appeal. The appeal is allowed in terms of the compromise. There shall be no order as to costs. A.A./M‑948/S Appeal accepted.