Sh. BARKATULLAH AND Another vs Khawaja MOHAMMAD IBRAHIM — 1970 PLD 483

Citation: 1970 PLD 483

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-05-15

Parties: Sh. BARKATULLAH AND Another vs Khawaja MOHAMMAD IBRAHIM

Headnotes

Case cited as PLD 1970 Supreme Court 483

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: Sh. BARKATULLAH AND Another vs Khawaja MOHAMMAD IBRAHIM Case No.: Civil Appeal No. 8'3 of 1969 Date of Judgment:1970-05-15 Reported As: PLD 1970 Supreme Court 483 Result: Appeal allowed JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.-This appeal by special leave of the Court arises from a suit filed by the respondent against the appellants in-the Court of Civil Judge for specific performance of the contract of lease in respect of a shop situated in the premises of Grand Hotel, Edwardes Road, Rawalpindi. The suit proceeded on the basis of an, agreement arrived at by the parties in an earlier Suit No. 32 of 1962 filed by the appellants against the respondent in the Court of Administrative Civil Judge, Rawalpindi, in respect of a piece of immovable property adjoining the shop in dispute. On the 18th December 1962, the parties arrived at a compromise which was presented to the Court on the same day for the disposal of the suit in accordance with the terms thereof. The compromise at page 53 of the record evidences as follows :- "The parties to the suit have arrived at a compromise outside the Court under which the plaintiff has agreed to sell the property in dispute to the defendant and (further) the shop adjacent to the path in dispute under construction which is the property of the plaintiff has been taken on lease by the defendants for ten years. Thereby no dispute…

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