JAVED ANWAR AND Others vs Ch. JAMIL HASSAN MANJ AND Other
The petitioners, successful informants, sought leave to appeal against a compromise order recorded by the Lahore High Court on 3-12-1978, which disposed of a constitutional petition regarding property allotments in Village Datewali, Tehsil and District Gujranwala. The core legal question was whether a compromise arrangement allowing parties to retain land allotments—including portions allegedly obtained by fraud or without a genuine claim—could damage the interest of the compensation pool without equivalent produce index units or price being received. The Supreme Court granted leave to appeal to examine whether the interest of the compensation pool was compromised by the agreement reached between the parties.
- Whether a compromise order in a constitutional petition can allow the retention of land allotments obtained by fraud or without a genuine claim?
- Does an agreed arrangement between parties regarding land allotments from the compensation pool prejudice the interest of the pool if equivalent produce index units or price are not received?
ORDER
1. SHAFIUR RAHMAN, J.-The petitioners who were successful informants, seek leave to appeal against a compromise order recorded by the Lahore High Court on 3-12-1978 whereby a constitutional petition was disposed of in terms thereof.
2. The Settlement Commissioner disposed of in all nine appeals and nine mukhbari applications relating to allotments obtained by the parties in Village Datewali, Tehsil & District Gujranwala. In the compromise entered into at the stage of admission of the constitutional petition filed by the respondents it was agreed that the contesting respondents shall retain being a vendee from the original claimant n area measuring 25 acres in a compact' block where his tubewell is installed and they were to abandon their claim to the rest of the land. The units got adjusted in respect of these 25 acres by the petitioners were to be released for utilization elsewhere.
3. The question which has somewhat intrigued us is whether by such a compromise an allotment obtained by fraud or one not backed by a genuine claim could be retained, the compensation pool not receiving equivalent produce index units or price from either of the parties.
4. Leave to appeal is granted to examine whether in the matter of allotment of land from compensation pool on the basis of arrangement agreed upon by the parties the interest of the pool itself has not been damaged. Security Rs. 2,500. The appeal to be heard on the present record with liberty to the parties to file additional documents.
5. M. Z. M.