GHULAM HUSSAIN SHAH vs GHULAM MUHAMMAD
This matter came before the Supreme Court of Pakistan as an appeal involving a property dispute between Ghulam Hussain Shah and Ghulam Muhammad. The parties presented a joint application to the Court containing the specific terms of a compromise they had reached to resolve the litigation. The core legal question was whether the Court should accept and record the compromise agreement reached by the parties to dispose of the appeal. Upon reviewing the terms, which included a payment schedule of Rs. 70,000 by the respondents to the appellant in exchange for the transfer of ownership of the suit-property, and a default clause stipulating that the appeal would be accepted if the payment was not made within six months, the Court found the compromise to be lawful. Consequently, the Supreme Court recorded the compromise and disposed of the appeal in accordance with the agreed-upon terms, establishing that parties are free to settle disputes through lawful compromise agreements which the Court will enforce as the final resolution of the matter.
- Can the Supreme Court dispose of an appeal based on a compromise agreement filed by the parties?
- Is a compromise agreement in a property dispute enforceable if it includes a default clause regarding payment?
ORDER
NAIMUDDIN, J.---Learned counsel for the parties have filed a joint application containing the terms of compromise on which they have settled the dispute and whereby they have prayed that the appeal may be disposed of in terms thereof. The terms of compromise read as follows:-- "(i) Respondents will deposit Rs.70,000 (Seventy thousand) within six months in the Court of Senior Civil Judge, Bahawalpur, which amount will be paid to the appellant by the Court.
(ii) The appellant will have no claim over the suit-property after the receipt of the above- mentioned amount and the respondents will become full and absolute owners of the suit-property.
(iii) If the respondents fail to deposit the above-mentioned amount of Rs.70,000 (Seventy thousand) within six months from today, the appeal will stand accepted.
(iv) Respondents after deposit of the above-mentioned amount in the Court of Senior Civil Judge, Bahawalpur, will inform the counsel Syed Maqbool Hussain Shah, Advocate, 10-Edwards Road, Lahore, and will also supply a photocopy of the challan receipt showing deposit of the above-- mentioned amount."
2. The compromise appears to be lawful. We, therefore, record the same and dispose of this appeal in terms thereof with no order as to costs. 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.