1989 PLP 128(1) (MLD)
BUKHTIAR HUSSAIN SHAH‑‑Petitioner Versus AMAN ULLAH KHARA and 2 others‑‑Respondents
| Citation | 1989 PLP 128(1) (MLD) |
| Forum / Court | Lahore |
| Bench Members | Khalil‑ur‑Rehman Khan, J |
| Parties | BUKHTIAR HUSSAIN SHAH‑‑Petitioner Versus AMAN ULLAH KHARA and 2 others‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 128(1) (MLD)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 128(1) (MLD)?
The case was heard and decided by the Lahore bench comprising: Khalil‑ur‑Rehman Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 128(1) (MLD) (BUKHTIAR HUSSAIN SHAH‑‑Petitioner Versus AMAN ULLAH KHARA and 2 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Munir Ahmad Bhatti for Petitioner.
- Date of hearing: 22nd October, 1988.
Headnotes / Summary
‑‑‑O. XXIII, R. 3‑‑Compromise, effect of‑‑Petitioner submitted that controversy between parties be decided according to terms of compromise entered into between them, according to which possession of parties over disputed property would remain in their respective possession and parties would raise no objection against each other with respect to their possession‑‑Property in dispute being State property, controlled and administered by State Authorities, compromise between parties, held, would decide controversy as to respective possession, but would not bind State‑‑Question whether petitioner or respondent could continue as lessee, would be decided by Authorities in accordance with law. Respondent in person.
Judgment & Decree
Writ Petition No. 1143 of 1978, decided on 22nd October, 1988. ‑‑‑O. XXIII, R. 3‑‑Compromise, effect of‑‑Petitioner submitted that controversy between parties be decided according to terms of compromise entered into between them, according to which possession of parties over disputed property would remain in their respective possession and parties would raise no objection against each other with respect to their possession‑‑Property in dispute being State property, controlled and administered by State Authorities, compromise between parties, held, would decide controversy as to respective possession, but would not bind State‑‑Question whether petitioner or respondent could continue as lessee, would be decided by Authorities in accordance with law. Munir Ahmad Bhatti for Petitioner. Respondent in person. Date of hearing: 22nd October, 1988. The petitioner claims to be lessee of the land which forms Jammu and Kashmir State Property and is controlled and administered by the Administrator Jammu and Kashmir State Property in Pakistan. Bakhtiar Hussain Shah petitioner has submitted this application for disposal of the constitutional petition in terms of the compromise entered into between himself and Aman Ullah respondent No.
1. According to the compromise decd mark "A", Khasra Numbers in respective possession of Syed Bakhtiar Hussain and Aman Ullah Khara will remain in their respective possession and both of them will raise no objection as against each other with respect to the respective possession. The compromise obviously ends the controversy as to possession between the petitioner and respondent No.
1. This compromise, however, would not bind the authorities respondents Nos. 2 and
3. This order will have no bearing on the question whether the petitioner or the respondent can continue as lessee. Respondents Nos. 2 and 3 will be free to determine that question in accordance with law. In these terms, this petition stands disposed of. H.B.T./B‑100/L Order accordingly.