Pakistan Case Law
1989 SCMR 169

ALI SHER vs Mst. BILQEES BEGUM

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Citation1989 SCMR 169
CourtSupreme Court of Pakistan
Case No.Civil Appeal No. 120 of 1987
Date1988-06-22
Judge(s)Javid Iqbal, Ghulam Mujaddid, and Saad Saood Jan
Authored bySaad Saood Jan
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter came before the Supreme Court of Pakistan as an appeal arising from a dispute between the parties, Ali Sher and Mst. Bilqees Begum. The core legal question concerned the final resolution of the litigation through a mutually agreed-upon settlement. Upon review, the Court noted that the parties had reached a formal compromise regarding the suit land. The terms of this compromise, which were duly recorded and signed by the appellant, the respondent, their respective counsel, and the respondent's attorney, stipulated that the respondent shall pay half of the batai of the suit land to the appellant until his death. The agreement further specified the annual payment amount of Rs. 1,500, the payment schedule, and the modalities for payment, including the requirement for written receipts or alternative payment methods such as cross cheques or money orders. Consequently, the Supreme Court disposed of the appeal in accordance with the terms of the compromise, with parties directed to bear their own costs throughout the proceedings, thereby settling the dispute based on the voluntary agreement of the parties.

Questions settled in this judgment
  • Can an appellate court dispose of an appeal based on a compromise reached between the parties?
  • Is a compromise agreement signed by parties and their counsel binding in appellate proceedings?
compromisesettlement agreementbataicivil appealdispute resolution

1. SAAD SAOOD JAN, J.--The parties have entered into a compromise. The terms of the compromise have been recorded which are as follows:-

(a) That the respondent Mst. Bilqees Begum shall pay half of the batai of the suit land to the appellant Ali Sher till his death.

(b) That the amount of the batai shall be Rs. 1,500 per year and this amount of Rs. 1500 will be payable on 1st of July each year to the appellant All Sher.

(c) That the amount of Rs. 1,500 will be paid on 1-7-1988 for the year prior to 1-7-1988 and the next year Rs. 1,500 will be paid on 1-7-1989.

(d) That for each payment a written receipt shall be obtained and if the appellant does not give the receipt, Rs. 1,500 shall be paid by cross cheque or the amount may be sent at the following address by money order.

2. "Ali Sher s/o Rajab All caste Dogar, r/o, c/o Zulfiqar and Murtaza s/o Mal-dogar, Chowk Dogar lqbal Town, Ghulam Muhammadabad, Faisalabad."

3. The compromise has been signed by the appellant, his counsel, the attorney of the respondent and her counsel. The appeal is disposed of in terms of the compromise. Parties to bear their own costs throughout. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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