MUHAMMAD MUZAMMAL KHAN, J.-- Instant civil revision assailed the judgment/order dated 19.10.2000 passed by the learned Additional District Judge, Sialkot whereby suit by the respondent for possession through preemption was decreed, by reversing judgment/decree dated 24.2.2000 passed by the Trial Court.
2. Precisely, relevant facts are that petitioner purchased land measuring one kanal, 16 marlas of land bearing khasra No. 313 of Mauzia Shadiwal, Tehsil and District Sialkot through sale-deed dated- 24.1.1990. The respondent being brother of the vendor, filed a suit for possession through pre-emption on 24.5.1990 claiming superior pre-emptive right qua the petitioner/vendee having common passage to the suit land. Respondent pleaded that he had performed all the "Talbs" as required by law.
3. Petitioner being defendant in the . Suit' contested the same by filing his written statement wherein he denied narrations of the plaint. Controversial pleadings of the parties necessitated framing of issues and1 recording of evidence. The learned Civil Judge, seized of the suit after doing the needful, on the basis of his appraisal of evidence, dismissed the suit of the respondent vide his judgment and decree dated 24.2.2000.
3A. Respondent aggrieved of dismissal of his suit by the Trial Court, filed an appeal before the learned Additional District Judge where he succeeded as his appeal was accepted and his suit was decreed vide appellate judgment/decree dated 19.10.2000. Petitioner thereafter, filed instant petition which was admitted to regular hearing, and after completion of record, has. Now been fixed for final hearing. Respondents in response to notice by this Court, has appeared and was represented through his counsel.
4. Parties have entered into a compromise out of the Court and have placed or file a written compromise deed dated 4.4.2006 mark-'A\ The learned counsels for the parties prayed that this civil revision may be decided in terms of the compromise between he parties. I have examined the compromise deed and the same being lawful, is accepted. Under compromise deed Mark-A suit property has been divided into two halts each measuring 18 marlas and its Northern, part/side ("Min Pahaar") has been given to the respondent who will also withdraw half of the decretal amount equivalent to Rs. 36,000/- from the Trial Court. The .Other half of the suit property on the Southern side (Min Dakhan) shall remain with the petitioner/vendee and he will get half of the decretal amount i.e. Rs. 36,000/-.
5. In view of compromise/settlement between the parties reflected in Mark-A, the instant petition is.
Accepted and appellate judgment/decree dated 19.10.2000 passed by the learned Additional District Judge, Sialkot is modified-to the effect that respondent's suit for possession through preemption shall be deemed to have been decreed to the extent of V2 share of the suit land falling on its Northern side measuring 18 marlas for an amount of Rs. 36,000/- whereas his suit for the rest of the half of the suit land falling on its southern side shall be deemed to have been dismissed.
Parties will abide by the terms reflected in Mark-A and reproduced in fore-going paragraphs. There will be no order as to costs.