S. A. SAEED vs CHIEF ADMINISTRATOR OF AUFAQ AND OTHER
This appeal originated from a dispute regarding the Auqaf Department's attempt to retrospectively enhance the rent of a property occupied by the appellant, Mr. S. A. Saeed, from Rs. 12 to Rs. 230 per mensem. The appellant challenged the enhancement via a writ petition, and the High Court subsequently ruled that the Department was entitled to recover the enhanced rent, albeit with a modified effective date. Upon appeal to the Supreme Court, the parties reached a mutual compromise. Under the terms of the settlement, the appellant agreed to surrender vacant possession of the premises within six weeks. In exchange, the respondents agreed to waive their demand for the enhanced rent, allowing the appellant to pay the original rate of Rs. 12 per mensem until the date of surrender. The Court disposed of the appeal in terms of this compromise, stipulating that failure by the appellant to comply with the agreed terms would result in the dismissal of the appeal with costs.
- Can a dispute regarding the retrospective enhancement of rent for Auqaf property be resolved through a compromise agreement between the tenant and the Auqaf Department?
- What are the consequences of a party failing to comply with the terms of a compromise agreement reached during the pendency of an appeal before the Supreme Court?
- Article 98, Constitution of the Islamic Republic of Pakistan 1962
ORDER
1. MUHAMMAD AKRAM, J.---The appellant, Mr. S. A.Saeed. Advocate, is a tenant since 1961 of a portion of the property known as 44-Masjid Shah Chiragh Lahore, which is presently under the management of the Auqaf Department, He was paying rent at the rate of Rs. 12 per mensem for the premises. He had paid the rent at the agreed rate of Rs. 12 per mensem till the end of. May 1968 But, before it, on the 13th December 1967, he received a notice from respondent No. 3, Assistant Manager, Auqaf Properties. Sector No2 Lahore assessing the rent for the premises in his possession at As 230 per mensem with effect from 1st July, 1966. The appellant challenged the validity of this order by filing a writ petition against it under Article 98 of the late Constitution of Islamic Republic of Pakistan, 1962. On the 21st September 1971, a Division Bench of the Lahore High Court at Lahore disposed of the writ petition holding that the respondents were entitled to recover the reassessed rent at the enhanced rate but with effect from 1st June, 1968 only.
2. The appellant then filed a petition for special leave to appeal from the order of the High Court. On the 2nd December 1971, this Court allowed leave to appeal against the order. On the 11th May 1976, we heard the argu--ments in the appeal and reserved our judgment.
3. Afterwards, Mr. Hakim Sardar Khan for the respondents and the appellant appeared before us to state that the parties have compromised their dispute in his appeal as under:--
(1) The appellant undertakes to surrender vacant possession of the premises in question to respondent No. 3, the Assistant Manager Auqaf Properties, Sector No. 2, Lahore within a period of six weeks.
(2) The respondents have agreed to forego their demand for enhanced rent over and above Rs. 12 per mensem for the premises for the premises from 1st June 1968, up to the actual date of the surrender of the possession of the premises by the appellant to them.
(3) The appellant under takes to clear all the outstanding arrears of rent for the period from 1-6- 1968 up to the date of the surrender of the possession at the old rate of Rs. 12 per mensem to the respondent within six weeks. He shall be entitled to make adjustment for the rent, if any already paid or deposited for this period.
4. This appeal is disposed of accordingly leaving parties to bear their own costs: But in the event of the failure of the appellant to comply with any of these terms, his appeal shall stand dismissed with costs.