MUHAMMAD RAMZAN SHAHID Versus IKRAM ULLAH SALEERRU, ADVOCATE

ORDER

The charge against the respondent‑Advocate is that in a suit for recovery of rent amounting to Rs.57,600, he made a conceding statement on 9‑2‑1995 to the effect that complainant did not want to pursue the matter in terms of which, the suit was dismissed as withdrawn on 9‑2‑1995. The stand of the respondent‑Advocate is that the complainant had filed a suit for recovery of the afore‑referred money and an application for execution of the judgment and decree in an ejectment matter. The latter application was disposed of in terms of compromise, dated 19‑1‑1995 through a written application and in the said application of compromise which was marked by the Court as Exh.C‑1, it was stipulated as under:‑‑

(i) That the judgment‑debtor Ghayas‑ud‑Din Butt, shall pay the arrears amounting to Rs.1,12,000. The payment was to be made through judgment‑debtor's brother namely, Abdul Hafeez Butt, Advocate.

(ii) Out of the afore‑referrred amount, Rs.60,000 was paid in Court.

(iii) That the future rent of the shop would be Rs.4,000.

(iv) That,Mr. Abdul Hafeez Butt, Advocate shall be bound to make the remaining payment of Rs.52,000

2. Respondent‑Advocate admits that since the parties had compromised, in afore‑referred terms, he had instructions to make conceding statement to the effect that complainant/plaintiff did not want to pursue the case.

3. We have gone through the order, dated 19‑1‑1995 and 19‑2‑1995. After the compromise between the parties on 19‑1‑1995, respondent Advocate made the following statement on 9‑2‑1995:‑‑

4. It is conceded by the complainant that Rs.57,600 which was subject matter of the suit in which the afore‑referred statement was made was the same amount which was reduced to Rs.52,000 in terms of the compromise arrived at between the parties on 19‑1‑1995. That being so, we are of the view that respondent‑Advocate did not commit any professional misconduct and this complaint is misconceived. However, we note that Mr. Abdul Hafeez Butt, Advocate, real brother of the judgment‑debtor is responsible to make the payment of the amount in terms of the compromise arrived at between the parties on 19‑1‑1995. The said Advocate is also present before this Tribunal pursuant to this Tribunal's order. He concedes that the judgment‑debtor Ghayas‑ud‑Din Butt, his real brother is bound to make the payment and he will make efforts for the same. The complaint stands disposed of in terms noted above.

H.B.T./M‑1180/L Order accordingly.