HYDERABAD MEMON ANJUMAN vs DIVAN KEWALRAM — 1971 SCMR 82

Citation: 1971 SCMR 82

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: HYDERABAD MEMON ANJUMAN vs DIVAN KEWALRAM

Headnotes

Case cited as 1971 SCMR 82

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: HYDERABAD MEMON ANJUMAN vs DIVAN KEWALRAM Case No.:Civil Petition for Special Leave to Appeal No. K-47 of 1970 2nd Appeal No. 80 JUDGMENT Reported As: 1971 SCMR 82 Result: Petition dismissed Judgment JUDGMENT SALAHUDDIN AHMED,J---This petition arises out of a suit for possession which had been decreed against the petitioner by the trial court but on appeal the matter was compromised between the parties on certain terms. Inter alia it was agreed between the parties that the petitioner should pay rent of the portion of the plot in dispute at the rate of Rs.10 per month from the Ist September 1958 to the Ist July 1965 and to continue to pay the same rent till the date of vacating the plot. The petitioner also agreed to vacate the premises in dispute and remove the construction if any on or before the 31 of March 1967. In default he was liable to eviction in accordance with the decree of the court. Furthermore, the petitioner undertook not to put up any further structure. Admittedly, there was no relationship of tenant and landlord between the parties prior to the said compromise. It may also be noted that the decree for possession was not set aside. The petitioner having failed to vacate the premises by the 31st of March 196'7, as agreed to, the respondent-decree-holder started execution proceedings, but was unsuccessful in the executing Court as well as in his appeal to the District…

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