Pakistan Case Law
1984 SCMR 597

ABDUL GHANI AND 4 OTHERS vs Mst. SAIDA NAIM HUSSAIN

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Citation1984 SCMR 597
CourtSupreme Court of Pakistan
Case No.Civil Appeal No, K-37 of 1977
Date1984-01-25
Judge(s)Nasim Hasan Shah, S. A. Nusrat and Zaffar Hussain Mirza
Authored byNasim Hasan Shah
ResultAppeal accepted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This appeal arises from a judgment of the Sind & Baluchistan High Court regarding an ejectment matter where the relationship of landlord and tenant was held not to be established. During the proceedings before the Supreme Court of Pakistan, the parties reached a formal compromise. The core legal question involved the resolution of the tenancy dispute between the appellants and the respondent. The Supreme Court held that the compromise entered into by the parties constitutes a just and fair disposal of the dispute. Consequently, the Court disposed of and allowed the appeal in terms of the agreed compromise, wherein a third party was accepted as the tenant on specified terms, and directed the execution of a regular lease-deed, leaving the parties to bear their own costs.

Questions settled in this judgment
  • Whether an appeal can be disposed of in terms of a compromise reached between the parties before the Supreme Court?
  • Can parties mutually agree to substitute a new tenant and execute a regular lease-deed to resolve a pending tenancy dispute?
compromiselandlord and tenantrent disputelease deedSupreme Court appeal

1. ' NASIM HASAN SHAH, J.-This appeal is directed against the judgment dated 16-1-1976 passed by a learned Single Judge of the Sind & Baluchistan High Court at Karachi, whereby he reversing the judgment of the Rent Controller, as affirmed by the Additional District Judge, allowed the appeal of the respondent on the ground that the relationship of landlord and tenants was not established.

2. During the course of the proceedings before us, the parties have entered ( into a compromise and request that the appeal may be disposed of in terms of A the said compromise (copy whereof has been placed on record).

3. ' According to the terms of the compromise entered into between the patties, the appellants have agreed to accept the brother of respondent No, 1, Syed Ahmed Hussain, Advocate, as their tenant of the premises in question and the respondent, Mst. Saida Naim Hussain, has agreed that her brother Syed Ahmad Hasnain may be accepted as the sole tenant of the appellants. The above-named tenant, Syed Ahmad Hasnain, will pay a rent of Rs, 200 per month to the appellants with effect from the date of the compromise i,e, 26-1-1984.

4. ' The counsel of the respondent, Mst. Saida Naim Hussain, i,e, Syed Ahmad Hasnain, afore- mentioned, is authorised to withdraw the rent of the premises deposited in Court by the respondent, as per lower Court's order and shall pay the said amount of rent to the appellants within one month to them.

5. ' A regular lease-deed will be executed, between the appellants and Syed Ahmad Hasnain, wherein the terms and conditions agreed upon and mentioned above will be incorporated.

6. ' The appellants, in view of the above compromise, agree to withdraw the present appeal.

7. ' This compromise, entered between the parties, appears to us to be a just and fair disposal of the dispute between the parties. We, accordingly, are inclined to accept it and do hereby allow this appeal in terms of the compromise mentioned above, leaving the parties to bear their own costs.

Cited by 28 cases

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