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1994 SCMR 1792

Sufi HASSAN MUHAMMAD and others vs FAIZ MUHAMMAD and others

Citation1994 SCMR 1792
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 578 of 1986 and Civil Appeal No, 477 of
Date1990-04-08
Judge(s)Nasim Hasan Shah, Abdul Shakurul Salam
ResultOrder accordingly

ORDER

' NASIM HASAN SHAH, J.---This case has been adjourned on several occasions on the request of the parties to enable them to settle this dispute through mutual adjustment. This has now been made, as is evident from the statement of the parties.

2. Sh. Abdul Aziz, learned counsel of the petitioners states that he would be satisfied if petitioners Nos. 1 to 9 are given the built-up portion in their possession measuring 9 Marlas alongwith the open compound (also measuring 9 Marlas adjacent to it) for which portion they will pay a sum of Rs,50,000 but that they will give up the remaining part of the property and hand it over to respondents 2 and 3. So far as petitioners 10 to 12 are concerned they agree not to press their petition, which may be dismissed accordingly.

3. Mian Nisar Ahmad states that he has consulted respondent No, 2 Saleh Muhammad and his son Mr. Maqsood Ahmad, Advocate, who accept this offer, provided the petitioners 1 to 9 do hand over vacant possession of those portions of the property in their occupation (except the 18 Marlas: 9 Marlas on which construction exists and 9 Marlas open space attached thereto for which they are to pay a sum of Rs,50,000), within two months from today. Sh. Abdul Aziz, Advocate on behalf of the petitioners agrees.

4. The petition is converted into an appeal and is disposed of in terms that appellants 1 to 9 will be transferred 9 Marlas (built up area) without any charge and the remaining 9 Marlas on payment of Rs,50,000 to respondents 2 and 3. Possession of the remaining area occupied by them will be transferred to respondents 2 and 3. Both the payment and handing over of possession shall be done within two months from today, failing which the appeal shall stand dismissed. The appeal on behalf of appellants 10 to 12 stands dismissed, as not pressed.

' Parties will bear their own costs.

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