1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff, against the acceptance by the High Court of respondent's/defendant's Regular Second Appeal. The petitioner/plaintiff had challenged the gift of the suit land made by her to the respondent her niece on grounds including that of fraud. It was dismissed. Her appeal, however, was accepted but on second appeal the High Court reversed findings of the first appellate Court on the ground of misreading of evidence and the suit of the petitioner was accordingly dismissed. Reliance, by the High Court, was placed on `Madan Gopal and 4 others v. Maran Bepari and 3 others' PLD 1969 SC 617 and 'Dr. A.R. Khan v. Muhammad Ishaque' 1972 SCMR 437. Leave to appeal has now been sought by the petitioner/plaintiff (donor).
2. ' At the conclusion of the arguments from both sides the learned counsel with the permission of the Court made efforts for a negotiated settlement out of Court and submitted that the parties had agreed that the disputed gift in favour of the respondent be kept intact. However, the respondent and her son further agreed that they would maintain the petitioner throughout her remaining life.
3. They both and the respondent remained present in Court during the hearing and also at the time the last submission was made by their respective counsel. Both the learned counsel were accordingly ordered to reduce the essential part of the agreement with regard to maintenance.
4. They have both submitted the following in writing:- "A. That the respondent Mst. Bashiran undertakes to maintain Mst. Dani for the lifetime. B. That the maintenance will be paid to her. It will be an amount equal to one half share of the income received from the land, after deducting the tenant's share. C. That the undertaking has been given by Mst. Bashiran of her free will and her son Azhar Saleem stands security for this payment. D. That in case Mst. Bashiran fails to make this payment of this amount it may be recovered at her expense. E. That now there is no dispute of land between the parties."
5. F. There is no impediment in the acceptance of the afore-recorded arrangement. Accordingly this petition is disposed of with the order that while the gift in favour of the respondent would remain intact and operative she and her son would be bound by the afore-recorded agreement/undertaking during the lifetime of the petitioner. Order and decree accordingly. There shall be no order as to costs.