SYED HAMID ALI SHAH, J. --- Muhammad Ali etc. Respondents, filed a suit against the Collector, Faisalabad and Executive Engineer of Irrigation Department, Faisalabad Circle, seeking declaration that they are the owners in possession of property measuring 452 Kanals, 17 Marlas, situated in Chak No. 105 JB, transferred through mutation of sale No. 102, dated 25.06.1984 and are also owners of trees planted on the property in dispute. Petitioners herein contested the suit, filed written statement and asserted therein that the land measuring 1 Kanal, 4 Marlas had been acquired by them. Mr. Khalid Mehmood Ranjha, Civil Judge, Faisalabad decreed the suit of the respondents declaring them the owners qua the suit land and holding them entitled to enjoy the benefit of the trees standing on the suit land. The appeal against the said judgment and decree was dismissed vide order dated 13.07.1998.
2. In the instant revision, the controversy inter se the parties is not as to the validity of the acquisition of land measuring 1 Kanal, 4 Marlas by the petitioners but the controversy is whether the land of the respondents is other than the one which is possessed and owned by the petitioners.
Respondent No. 1 has now sold the land to Mehboob Nasir and others. Mehboob Nasir is present in the Court. The only way left to settle the dispute inter se the parties, is to have the land demarcated and get the land of the Department separated from the one which is owned and possessed by the respondents (now by Mehboob Nasir etc.). Both the parties have agreed for demarcation of the land of the Irrigation Department. The respondent No. 1, vendees Mehboob Nasir etc. And S.D.O.
Muhammad Pervez have consulted their respective counsel and reached the consensus for the decision of the instant revision petition in the following terms:---
(a) The land measuring 1 Kanal, 4 Marlas which the Irrigation Department has acquired, be demarcated according to the revenue record.
(b) The revenue officer be directed to hear both the parties and demarcate the land exactly according to the revenue record maintained by the revenue staff Land which the petitioners have acquired, according to specific khasra numbered be separated.
(c) After demarcation the Department will be at liberty to safeguard their property without interfering in the property of the respondents measuring 452 Kanals, 17 Marlas. This is full and final settlement inter se the parties and parties will not raise any claim, against each other.
3. Both the parties are directed to appear before D.D.O. (R), Faisalabad on 14.12.2006. D.D.O. (R), Faisalabad is directed to hear both the parties, receive documents, which they intend to produce.
D.O.R. Will depute thereafter a responsible officer to demarcate the land. In case either of the parties is dissatisfied with the demarcation or the demarcation is delayed, such party can approach the E.D.O. (R) who in that event will supervise the demarcation and submit a report to the Deputy Registrar (Judicial) of this Court.
4. Disposed of in the above terms. .