Mst. Firdous-Un-Nisa vs Syed Fida Hussain
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal which was converted into an appeal and ultimately resolved through a compromise between the parties. The core legal question concerned the ownership and possession of the disputed property, specifically House No. 53-H, Gulberg-III, Lahore. The Supreme Court accepted the appeal, set aside the judgments of the two courts below, and dismissed the underlying suit as withdrawn while declaring the petitioner to be the owner in possession of the said house in accordance with the terms of the settlement. Additionally, the court noted that a pending appeal concerning another property, House No. 51-H, would be disposed of by the parties in line with the agreed compromise. The key principle laid down is that civil disputes may be resolved by the apex court on the basis of a lawful compromise arrived at between the litigating parties, leading to the setting aside of concurrent lower court findings.
- Can the Supreme Court set aside judgments of lower courts based on a compromise between the parties?
- Whether a suit can be dismissed as withdrawn upon the parties settling the dispute through a compromise before the Supreme Court?
ORDER
MUNIR A. SHEIKH, J.-- The parties have settled the dispute through compromise according to which the present petitioner is the owner with possession of the house in dispute subject-matter of the petition bearing No. 53-H over an area of 1 kanal, 12 marlas 220 sq. Ft, situated in Gulberg-III, Lahore, the boundaries of which as follows:- East: Plot No. 52 West: Plot No. 54 North: Plot No. 5/6 South: Road 40 feet
2. The respondent is the owner of the whole of property No. 51-H, Gulberg- over an area of 1 kanal, 16 marlas 220 sq. Ft.
3. This petition is converted into appeal, the same is accepted, judgments of the to Courts below are hereby set aside and the suit from which the said petition has arisen, is dismissed as withdrawn with declaration that present petitioner is the owner with possession of the house as indicated above bearing No. 53-H over an area of 1 kanal, 2 marlas, 220 sq. Ft.
4. An appeal is pending before the High Court in respect of House No. 51-H, Gulberg-III, Lahore of which the respondent herein has been declared to be owner with possession and judgment shall be obtained in accordance with this compromise in the said appeal by the parties.
5. No order as to costs.