MUHAMMAD ASIF IKRAM and others vs GENERAL MANAGER, PAKISTAN
This civil revision matter concerns the vacation of official residential premises by the petitioners. The core legal question addressed was whether the petitioners would voluntarily vacate the allotted quarter and settle outstanding rental dues. Upon hearing the parties, the petitioners undertook to deliver vacant possession of the specified quarter to the respondents by a fixed date. Furthermore, the petitioners consented to the deduction of outstanding rent, calculated at a specific monthly rate for the period of occupation, directly from their pension by the competent authority. The Court accepted this undertaking, disposing of the civil revision as withdrawn. The holding establishes that a party's voluntary undertaking given before the Court regarding the surrender of possession and payment of dues is binding. The Court further clarified that failure to comply with such an undertaking would entitle the respondents to initiate recovery proceedings in accordance with the law and potentially move the Court for contempt proceedings against the defaulting party.
- Can a party's undertaking to vacate official premises and authorize pension deductions for rent be enforced by the Court?
- What are the consequences of failing to comply with an undertaking given before the Court regarding the surrender of possession?
- Is a civil revision maintainable when the parties reach a settlement regarding the vacation of official quarters?
ORDER
' MAULVI ANWARUL HAQ, J.--- In view of the decision in Writ Petition No,2953 of 2006 which has been decided today after hearing all concerned learned counsel as well as both the petitioners present in Court in person, state that they shall deliver the vacant possession of the Quarter No,C-1/10, PTCL, Wireless Colony; Rawalpindi to the respondents on or before 5-6-2008. Petitioner No,2, Muhammad Ikram, further states that normal rent held payable i,e, total Rs,3,260 per month for the period from 1-1-2005 till the date of vacation and delivery of possession of the said quarter to respondents Nos.1 and 2 may be deducted from the payable pension by the competent/releasing authority and the balance pension to be released to the said petitioner accordingly.
2. In view of the said undertaking given by the petitioners, this civil revision is disposed of as withdrawn. They shall abide by their undertaking. In case they fail to do so, the respondents apart from taking proceedings for recovery of possession in accordance with law may also move this Court for proceedings in contempt against the petitioners.
Cited by 3 cases
- PAKISTAN TELECOMMUNICATION COMPANY LIMITED through authorized 2018 PLC (C.S.) 510
- ANJUMAN FALAH-E-BAHBOOD vs GOVERNMENT OF PAKISTAN and others 2013 PLC (C.S.) 465
- MUHAMMAD SALEEM ABID vs VICE-CHANCELLOR B.Z.U, Multan and 7 others 2010 CLC 1523