ROSHAN AND Others vs ALI AHMAD
This petition for leave to appeal arises out of a pre-emption suit filed by the respondent, Ali Ahmed, against the petitioners, Roshan and others, who had purchased land in Gujranwala. The trial court decreed the suit, and the Additional District Judge as well as the High Court dismissed the subsequent appeals filed by the petitioners. During the hearing before the Supreme Court, the parties entered into a lawful compromise whereby the respondent agreed to forego his right of pre-emption in favour of the petitioners in consideration of a payment of Rs. 87,000, and was permitted to withdraw the amounts deposited towards the zare panjum and pre-emption money. The Supreme Court converted the petition into an appeal and allowed it in terms of the admitted compromise, leaving the parties to bear their own costs. The key principle laid down is that appellate proceedings may be concluded in accordance with a lawful compromise voluntarily entered into and admitted by the contesting parties.
- Can a petition for leave to appeal in a pre-emption matter be disposed of in terms of a compromise reached between the parties?
- Whether an appellate court can allow an appeal based on an admitted compromise where the respondent agrees to forego the right of pre-emption?
ORDER
ASLAM RIAZ HUSSAIN, J.---Roshan etc., petitioners, purchased some land in village Koth Gujjran, Tehsil and District Gujranwala. Ali Ahmed, respondent, filed a suit to pre-empt the said sale claiming to have a superior right of pre-emption as against the petitioners. The suit was decreed, whereupon the petitioners filed an appeal, which was dismissed by the Additional District Judge on 6-12-1979. The petitioners then filed an R. S. A. In the High Court which met the same fate vide the impugned judgment dated 15-1-1980.
The petitioners thereupon filed the present C. P. S. L. A.
2. The learned counsel for the petitioners submits that the parties have entered into a compromise and prays that the appeal be allowed in terms of the compromise. Ali Ahmed, respondent, is also present in Court, and admits the compromise. The terms of the compromise are that Ali Ahmed, respondent, shall forego his right of pre-emption in favour of the petitioners who shall retain the land in dispute in return the petitioners shall pay Ali Ahmed, respondent, a sum of Rs. 87000 Ali Ahmed shall also be at liberty to withdraw Rs. 30,000 deposited by him towards the Zare Panjum and the pre-emption money.
3. In view of the above-noted compromise which is admitted by both/ the parties, the petition is converted into an appeal and is allowed in terms of the compromise leaving the parties to bear their own costs.