Syed ALI ABBAS vs ALLAH BAKHSH AND ANOTHER
This matter came before the Supreme Court of Pakistan upon an application filed by the parties under Order XLIX, Rule 6 of the Supreme Court Rules, 1956, requesting the Court to dispose of the petition in accordance with the terms of a compromise agreement. The compromise, supported by affidavits from the widow of the deceased petitioner and the respondent, delineated the division of property, specifically regarding the transfer of residential portions, the usage of shared passages, and the exclusive ownership of specific areas, including a small shop. The core legal question was whether the Court could dispose of the pending petition based on the settlement reached between the parties. The Court, finding the agreement to be lawful and noting no objections to its terms, held that the petition should be disposed of in accordance with the compromise. The key principle laid down is that the Supreme Court may exercise its authority to dispose of a petition in terms of a lawful compromise agreement submitted by the parties, provided the terms are clear and acceptable to all involved.
- Can the Supreme Court dispose of a petition based on a compromise agreement reached between the parties?
- Is a compromise agreement regarding property division enforceable if it is supported by affidavits and signed by the parties' counsel?
- Order XLIX Rule 6, Supreme Court Rules 1956
ORDER
' KARAM ELAHEE CH AUH AN, J.-In this case the parties have filed an application under Order XLIX, rule 6 of the Supreme Court Rules, 1956, praying that it may be decided in the terms of the compromise as contained in paragraph 3 of the aforesaid application. The application is accompanied by an affidavit of Mst. Murtazai Begum alias Naseem Begum widow of Syed Ali Abbas and the affidavit of Allah Bakhsh son of Chandia, respondent No, 1, in the case. According to this compromise the parties have agreed that "(1) the portion transferred to the respondents be allowed to remain intact ; (is) the passage 3'.1"x 16' be allowed to be used by both the parties i,e, petitioner and respondent No,
1. The other passage leading to the first floor transferred to petitioner measuring 4' x 11' is however the exclusive ownership of the present petitioner. The site-plan signed by both the parties is enclosed marked as "AA" ; (iii) the rest of the entire residential accommodation along with the small shop shall vest in favour of present petitioner". It is further stated that respondent No, 1 has undertaken not to interfere in the residential accommodation and shop transferred to Syed All Abbas (deceased) now represented by his widow Mst. Murtazai Begum. The application is also signed by the learned Advocates-on-Record for both the parties.
The agreement seems A to be quite lawful, apparently there is nothing to take exception to it. The present petition is disposed of in terms of the compromise as embodied in the relevant application.