Messers SPINZAR SNACKS vs Mrs. ANJUM A. RAB and another
This matter arises from a petition for leave to appeal filed by a tenant against the dismissal of a constitutional petition that had upheld an order of ejectment passed by the District Judge, Karachi. The core legal question concerned the tenant's continued occupation and eviction from the disputed premises. During the hearing, the parties reached an amicable settlement. The Supreme Court disposed of the petition as not pressed in terms of the compromise, allowing the tenant to retain possession for a specified period until September 16, 1984, subject to the condition that the tenant pays the agreed rent in a lump sum by February 1, 1984, and furnishes an undertaking to voluntarily and peacefully hand over vacant possession to the landlord upon the expiry of the stipulated period. The key principle laid down is that the court may dispose of ejectment matters on the basis of a lawful compromise and undertakings given by the parties regarding peaceful surrender of possession.
- Can a petition for leave to appeal in an ejectment matter be disposed of on the basis of a compromise between the landlord and tenant?
- What is the effect of an undertaking given by a tenant to voluntarily vacate premises within a stipulated period?
ORDER
1. ' NASIM HASAN SHAH, J.-- The petitioner, a tenant under respondent No,1, was ordered to be ejected by the order of the District Judge, Karachi, on the appeal of the respondent and his Constitutional Petition directed against the said order of the learned District Judge having failed, hence this petition for leave to appeal.
2. ' Mr. Akhtar Mahmud, learned counsel for the petitioner, as well as Mr. K.A. Wahab, who appeared in support of the Caveat lodged by respondent No,1,-have been heard at some length.
3. Towards the conclusion of the arguments of the learned counsel, the parties agreed to settle their dispute amicably. The petitioner has agreed not to press this petition, provided respondent No,1 allows him the use and occupation of the premises in dispute for a further period of eight months.
4. The respondent No,1 agrees to do so, provided the petitioner gives an undertaking to the effect that he will vacate the premises voluntarily, on the expiry of the aforesaid period of eight months and will not oblige her to resort to take out execution proceedings. The petitioner has given an undertaking before us that he will voluntarily hand over the possession of the premises to respondent No,1 on the expiry of the aforesaid period of 8 months.
5. ' In view of this settlement between the parties, we would dismiss this petition as not pressed, but the petitioner shall not be ejected from the premises until 16-9-1984, provided he pays the agreed rent for the period between Ist January, 1984 to the 15th September, 1984, in lump sum to the land- lady (respondent No,1) by the 1st February, 1984. The petitioner shall, according to his undertaking given before us, deliver the possession of the premises to respondent No,1 voluntarily and peacefully on or before the 16th September, 1984.