ABDUL SHAKURUL SALAM, J.-The learned counsel for the contesting parties have entered into a compromise by which the respondents have surrendered the portion marked as A. G. B. C. D. F. E. In the Line plan of property No, S-52-R-42, 28-Nisbat Road, Lahore in favour of Abdur Rashid, Dildar Ahmad, Meraj Din, Muhammad Iqbal and Muhammad Din retaining the rent of the property earlier transferred in their favour. On behalf of Muhammad Iqbal and Muhammad Din, their learned counsel has stated that they Will hand over vacant possession of the portions elsewhere of the property in their possession to the respondents within the next six months and remove their material (malba) therefrom.
Within this period these persons shall have their own way out from the aforesaid portion and shall have no right to cross over or intrude into the portion transferred to the respondents.
2. During the course of hearing, it transpired that Abdul Rashid, Dildar Ahmad, Meraj Din, Muhammad Iqbal and Muhammad Din were in occupation of various portions and were living with their families. The rest of the persons had no permanent residence and were using portions in their possession for tethering cattle.. Learned counsel' for the respondents has offered to accommodate the aforesaid five persons who are living with their families according to the compromise mentioned above.
3. The appellants and the writ petitioner laid claim to "excess area". No "excess area" was found per the order of the Deputy Settlement Commissioner dated 24-12-1963. Nobody demurred then. No appeal or revision was ever filed. The order had become final.
4. Five persons who are living with their families have been accommodated by the transferees of the property according to the aforementioned compromise.
5. In the circumstances of the case, the compromise is allowed with the result that the portion marked A. G. B. C. D. F. E. Shall cease to vest in the private respondents Nos. 3 to 8 i,e, heirs of Khawaja Amir-ud-Din, and respondent No, 9 Khawaja Qamar-ud-Din. Portion A. G. F. E. (in red and green) shall vest in Abdur Rashid. He has his own exit. Portions in possession of Dildar Ahmad and Meraj Din in red shall vest in them. The adjacent vacant site shall vest in Muhammad Iqbal and Muhammad Din in equal share. Courtyard and the triangular open-space shall vest in Dildar Ahmad, Meraj Din, Muhammad Iqbal and Muhammad Din. They shall have their own exit.
Muhammad Iqbal and Muhammad Din shall hand over vacant possession of portions in their possession elsewhere within the next six months and remove the material (malba). Demarcation has been made on the Line plan which has been signed by the counsel for the contesting parties in token of their acceptance and is placed on record. The authorities concerned shall give effect to the compromise in their record.
6. Subject to the above compromise. I.C.A. No, 207/81 and W. P. No, 126/R/82 are dismissed leaving the parties to bear their own costs.