Dr. MUKHTAR AHMAD DODHY vs Sh. ZAHEER AHMAD and 7 others
This matter originated as an appeal by leave against an order directing the eviction of the appellant, a qualified doctor, from a shop in the Liberty Market, Lahore, where he had operated a clinic for twenty years. Upon the hearing of the appeal, the appellant offered to vacate the premises by a specific date, provided he was granted sufficient time to do so. The respondents, through their counsel, accepted this proposal. Consequently, the Supreme Court disposed of the appeal by directing the appellant to hand over vacant possession of the shop to the respondents on or before 11th September 1992. The Court further ordered that the appellant continue to pay the usual rent during this period. It was explicitly held that in the event of default in complying with this undertaking, the appellant would be subject to immediate ejection and liable for further legal consequences. This decision reflects the principle that parties may reach a binding settlement regarding the timeline for vacating premises in eviction proceedings, which the Court will enforce.
- Can the Supreme Court enforce a settlement between parties regarding the timeline for vacating rented premises?
- What are the consequences for a tenant who fails to vacate premises by the date agreed upon in a court-sanctioned settlement?
' ABDUL SHAKURUL SALAM, J. ---In this appeal by leave the appellant who is a qualified doctor has been ordered to be ejected from Shop No,3, 30, Commercial Zone, Liberty Market, Lahore where he has been running a Clinic for the last 20 years.
1. Learned counsel for the appellant who is accompanied by the appellant states that the appellant shall vacate the premises provided he is given time until 11th September, 1992. This offer is acceptable to the learned counsel for the respondents who is accompanied by the respondent No,1.
2. In view of the above, this appeal is disposed of with the direction that the appellant shall hand over vacant possession of the shop in question to the respondents before or by 11th September, 1992 and till then shall pay the usual rent. In case of default, the appellant shall be ejected straightaway and shall be liable for other legal consequences.