Syed HAYAT SHAH vs THE PROVINCE OF BALUCHISTAN And Other
This matter came before the Supreme Court of Pakistan following an appeal concerning a dispute over land title, specifically regarding shops and a bus stand. The appellant had previously secured an ex parte decree from the Court of Qazi Khuzdar, which was subsequently challenged by the respondents before the Majlis-e-Shoora, where execution was stayed. During the proceedings, the parties reached a mutual compromise. The core legal question involved the interim management of the disputed property and the rent generated therefrom pending the final resolution of the civil litigation. The Court accepted the compromise, holding that the parties are bound to pursue the civil litigation to its final forum. The Court directed that the Deputy Commissioner, Khuzdar, shall collect rent from the subject property and deposit it as 'Amanat' in a profit-bearing bank account. Upon the final adjudication of the civil litigation, the principal amount and accrued profits shall be disbursed to the party entitled under the final decree. The appeal was disposed of in terms of this agreement.
- Can an appellate court dispose of an appeal based on a compromise deed agreed upon by the parties?
- How should rent generated from disputed property be managed pending the final outcome of civil litigation?
- Is a party bound by the final judgment of the last available forum in civil litigation pursuant to a compromise agreement?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.--After some arguments an agreement has been reached between the to sides which is reproduced below: "COMPROMISE DEED "The parties submits as under:-
(1) That the above matter is pending in this Honourable Court and is fixed on 30th March, 1985.
(2) That the appellant had filed Civil Suit about his title in the land underneath the shops and Bus Stand in the Court of Qazi Khuzdar.
(3) That the learned Qazi on 4-12-1984, granted an ex parte decree in favour of the appellant, not only about the land but also superstructure of the shops and so far bus stand is concerned there is no mention in the decree of the learned Qazi.
(4) That the respondents have filed appeal against the judgment and decree of Qazi Khuzdar before Majlis-e-Shoora and the said Court has stayed the execution of judgment /decree.
2. In view of the above said situation the parties have entered into compromise in the following terms:-
(a) That both the parties bind themselves to the effect that they will abide by the judgment/decree passed in civil litigation upto the forums legally available to the parties and whatever the final decision by the last forum, will be given, that will have binding effect.
(b) That the Deputy Commissioner will pass a fresh order about the superstructure and rent after hearing the parties, after the decision of the civil litigations by the last forum.
(c) That during the pendency of civil litigation between both the parties, the Deputy Commissioner, Khuzdar will collect rent of the shops and bus stand, which is the subject-matter and will keep it as "AMANAT" with some bank and after decision of the civil litigations between the parties this amount will be given to the party who will become entitled in view of the final judgment/ decree resulting out of civil litigations.
3. It is, therefore, prayed that in the light of above said conditions, the appeal entitled above may kindly be disposed of, without prejudice to the rights of parties to raise the respective pleas during civil litigations."
4. The agreement is signed by both the learned counsel as also by the appellant. This appeal is disposed of in terms of the compromise with the further direction that the amount collected under sub-clause 6 (c) of Paragraph 4 of the agreement shall be invested /deposited in the maximum profits bearing arrangement with the bank. The disposal of the principal and the profit will be in accordance with the terms of the agreement.