HUSSAIN BIBI and others vs Mst. AMINA BIBI
This matter came before the Supreme Court of Pakistan upon a petition for leave to appeal, wherein the parties informed the Court that they had reached a mutual compromise regarding the disputed land. The core legal question was whether the Court could accept and record a compromise agreement between the parties to modify an existing decree. The Supreme Court, upon verifying that the compromise deed was duly signed and thumb-marked by all adult parties and vouched for by their respective counsel, accepted the agreement. The Court held that the petition for leave to appeal should be converted into an appeal and allowed in terms of the compromise. Consequently, the Court ordered the modification of the Trial Court's decree to exclude specific land (Killa No. 20, Sq. No. 16) from the dispute, while maintaining the decree for the remaining land. Additionally, the Court directed the disbursement of the deposited consideration amount to the petitioners. The key principle established is that the Supreme Court may exercise its jurisdiction to record a compromise and modify a decree accordingly when all parties are sui juris and consent to the terms.
- Can the Supreme Court modify a Trial Court decree based on a compromise reached between the parties during the pendency of a petition for leave to appeal?
- Is a compromise agreement signed by all parties and vouched for by counsel sufficient for the Court to dispose of a matter?
- Does the conversion of a petition for leave to appeal into an appeal allow the Court to implement a settlement agreement?
- Order XXIII Rule 3, Code of Civil Procedure 1908
1. ' ZIA MAHMOOD MIRZA, J.---Learned counsel for the parties state that the parties have entered into a compromise, terms whereof have been reduced into writing in the form of an Agreement which is appended with the application under Order XXXIII rule 6 of Supreme Court Rules seeking the compromise to be accepted. The application has not been registered. Office is directed to formally register it. The terms of compromise are stated in the application and the same are reproduced hereunder:--
(i) The respondents/plaintiffs have agreed to surrender of Killa No,20 of Sq.No,16 land measuring 4 Kanals and 7-1/2 Marlas in favour of petitioners/defendants. Consequently the decree shall be modified to exclude the said area of land in dispute, therefore, the decree in respect of remaining land shall remain intact.
(ii) The entire amount of Rs,32,500 as price of land in dispute shall be paid to the petitioners/defendants.
2. Attorneys of both the parties state that the deed of compromise has been' A signed or thumb marked by all the petitioners and Mst. Amina Bibi respondent. Learned counsel for the parties have also signed the compromise deed on our direction and vouch for its genuineness. None of the parties, according to them, is minor. We, therefore, accept the compromise and convert the petition for leave into an appeal and allow it in terms of the compromise/agreement marked 'C-I' with the result that the decree of the Trial Court stands modified so as to exclude therefrom 4 Kanals 7-1/2 Marlas of land comprised in Killa No,20, square No,16 situate in Chak No,11 Shumali, Tehsil Bhalwal, District Sargodha.. The decree with respect to the remaining suit land shall remain in tact. At the request of the learned counsel for the petitioners, it is directed that the amount of Rs,32,500 (Rupees thirty-two thousand five hundred only) deposited by the respondent/plaintiff in the Trial Court shall be paid to the petitioners. Matter having been disposed of on the basis of compromise between the parties, there shall be no order as to costs.