MESSRS ZAHEER ANWAR ETC. vs S. M. ABBASI AND ANOTHER
This matter comes before the Supreme Court of Pakistan upon a petition involving a dispute between landlords and tenants. The core legal question concerns the lawful resolution and compromise of ejectment proceedings between the contesting parties. The Court held that the compromise reached between the parties, whereby the petitioners agreed to hand over possession of a specific room with an attached bath to respondent No. 1 while retaining an adjacent room as a tenant under respondent No. 1, is lawful. The petition was accordingly disposed of in terms of the compromise, establishing that the landlord-tenant relationship for the retained portion will be regulated by the applicable laws of the urban area. The key principle laid down is that courts will endorse and dispose of matters in accordance with lawful compromises voluntarily entered into by the parties.
- Can parties compromise an ejectment matter before the Supreme Court?
- Will the Supreme Court dispose of a petition in terms of a lawful compromise reached between parties?
ORDER
' KARAM ELAHEE CHAUHAN, J.-The parties have compromised in this way that "the petitioners would hand over possession of one room with attached bath (which were the subject-matter of the previous ejectment application against Muhammad Shareef (respondent No, 2) to S. M. A. Abbasi (respondent No, 1) within two days. There is another room on the spot adjacent to the aforesaid portion. The petitioners are allowed to retain that room as a tenant under S. M. A. Abbasi (respondent No, 1). The petitioners accept S. M. A. Abbasi as their landlord and the latter accepts the former as his tenant. This relationship will be regulated by the law of the landlord and tenant as in force in this urban area. The possession of the portion which the petitioners are to vacate will be handed over to respondent No, 1 within two days.
2. The compromise as recorded above is quite lawful. The petition stands disposed of in terms thereof leaving the parties to bear their own costs.
Petit ion dismissed.