' 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 pre-emption 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 byfiling his written statement wherein he denied narrations of the plaint. Controversial pleadings of the parties necessitated framing of issues and 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 on file a written compromise deed, dated 4-4-2006 mark-A'. The learned counsel for the parties prayed that this civil revision may be decided in terms of the compromise between the 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 halfs each measuring 18 marlas and its Northern part/side ("MM 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 property 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 pre- emption shall be deemed to have been decreed to the extent of 1/2 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 foregoing paragraphs. There will be no order as to costs.