Tariq Ikram And Other vs Muhammad Sadiq & Other
This matter comes before the Supreme Court of Pakistan by way of a petition for leave to appeal, which the parties agreed to resolve through a mutually executed deed of compromise. The core legal question concerned the final settlement of a property dispute regarding excess area and possession between the litigating parties. The court accepted the compromise entered into by the respective learned counsel for the parties. Holding that the petition should be disposed of in accordance with the agreed terms, the court converted the petition into an appeal and allowed it, directing the payment of compensation for the excess area within six months, the delivery of possession within two weeks, and providing for execution by auction in case of default. The key principle laid down is that appellate courts may dispose of matters in terms of a lawful compromise arrived at by the parties during the hearing.
- Can the Supreme Court dispose of a petition in terms of a compromise arrived at by the parties during the hearing?
- What procedure applies if a party fails to pay compensation for excess area as agreed in a settlement before the court?
- Within what timeframe must possession of the disputed portion be delivered under the agreed terms?
1. ORDER During the course of hearing of the petition both the parties with the assistance of their respective learned ASCs have arrived at a compromise praying for disposal of the petition in terms set out herein below:- "IN THE SUPREME COURT OF PAKISTAN CPSLA 1319-/2003 Tariq Ikram, etc. Vs. Muhammad Sadiq DEED OF COMPROMISE Application for acceptance of the compromise.
2. May it please your lordships.
(1) That petition made by Courts below is acceptable to both the parties subject to the following conditions:-
(a) Compensation for the excess area shall be 5 lacs, which will be paid by the respondent to the petitioner within six months from today before the Trial Court after deduction of the amount already deposited and petitioner shall withdraw the same. If the respondent failed to pay the aforesaid amount, the property shall be put to auction and sale, amount shall be disturbed equally between the parties.
(b) Possession of portion of the petitioners shall be delivered within two weeks from today.
3. It is, therefore, respectfully prayed that the petition be disposed of in terms of the compromise.
4. Consequently granting the request and converting the petition into appeal, the same is allowed in terms spelt out above. No order as costs.