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1990 SCMR 1588

Mst. BASHIR BIBI and others vs Mst. WALLAN BIBI and others

Citation1990 SCMR 1588
CourtSupreme Court of Pakistan
Case No.Civil Appeal No,122 of 1980
Date1990-05-22
Judge(s)Muhammad Afzal Zullah, Abdul Qadeer Chaudhry
ResultOrder accordingly

1. ' MUHAMMAD AFZAL ZULLAH, C.J.---This appeal through leave of the Court is directed; against the acceptance by the High Court of an R.S.A. Filed by the respondents side; whereby the appellate judgment in favour of the appellants was reversed and the judgment and decree of the trial Court in a suit for declaration seeking the annulment of a gift by the respondents side, was restored. The parties being very closely related inter se their learned counsel were asked to explore the possibility of settlement out of Court. The parties were also ordered to be summoned. They are present today.

2. ' Learned counsel for both sides discussed in detail the pros and cons of various alternatives for a settlement out of Court. After considerable discussion and bargaining the parties have arrived at an agreement/compromise on the basis that Mst. Wallan Bibi's (respondent's) children should he given the property as it would satisfy every body. They have produced the following written compromise:-- "(1) That the suit property measuring 199 Kanals and 4 Marlas in village Khan Muhammad Walla and village Hathi Wand Tehsil Bhalwal District Sargodha, may be divided amongst the following legal heirs of Mst. Wallan in the shares specified against every heir as under:--

(1) Mst. Amir Bihi daughter 1/7 share

(2) Mst. Bashir Bihi daughter 1/7 share

(3) Aman Ullah son 2/7 share

(4) Atiq Ullah son 2/7 share

(5) Mst. Suriya daughter 1/7 share

(2) That every person mentioned in the preceding paragraph would be entitled to the possession of his/her share which will be given on or before 1-6-1990. In case the possession is not delivered according to this compromise, the aggrieved party can move this Honourable Court for implementation of this compromise instead of filing a separate suit.

(3) That Mst. Amiran who was minor at the time of civil petition has now attained majority and gives consent to this compromise."

3. The arrangements made by the parties in this difficult case ending in an amicable settlement and compromise, are fair and practicable. The children of Mst. Wallan Bibi from different husband's would get the property to the exclusion of others. There is no impediment in the acceptance of the compromise. Learned counsel for both sides have assured its genuineness. Accordingly the aforerecorded compromise is made the order of the Court. A decree accordingly shall follow. Thus, the matter stands disposed of in terms of the compromise. There shall be no order as to costs.

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