Case Details

Citation(s)
1991 SLD 1786 = 1991 CLC 1634
Lahore High Court
Writ Petition No.1526-R of 1976, decided on 25th March, 1991.
Presented By: Before Khalil-ur-Rehman Khan, J
Shahzad Shaukat for Petitioner. Rapa Abdur Rahim Khan for
Respondents Nos.3 to 7. Ch. Muhammad Altaf for the Settlement Department.

MUHAMMAD ABDULLAH---Petitioner

VERSUS

SETTLEMENT COMMISSIONER and others---Respondents

Law: Constitution of Pakistan, 1973

Section:

Constitution of Pakistan (1973)--- ----Art. 199---Respondent offered that if gallery in dispute was found constructed over entire 20 feet length as alleged by petitioner, the entire shop be transferred to petitioner and petitioner accepted that offer and made statement that in case his contention was incorrect and contention of respondent was found correct, his petition be dismissed---Local Commissioner after spot inspection reported that gallery in dispute extended over entire 20 feet length of shop and that report was not disputed by respondents---Shop in dispute was ordered to be transferred to petitioner exclusively in view of consent statement of parties. Shahzad Shaukat for Petitioner. Rapa Abdur Rahim Khan for Respondents Nos.3 to 7. Ch. Muhammad Altaf for the Settlement Department. Dates of hearing: 24th and 25th March, 1991. JUDGMENT The petitioner by filing this petition seeks to challenge the order dated 28-11-1969 of the learned Additional Settlement Commissioner and the order dated 10-9-1976 passed by the learned Settlement Commissioner. Learned counsel for the parties addressed arguments. During arguments on 24-3-1991, Abdul Aziz, respondent No.3 made a statement that the version of Muhammad Abdullah petitioner that the gallery extends to the entire 20 feet length of the shop is not correct and that if the gallery is found constructed over the entire 20 feet length, the entire shop be transferred to Muhammad Abdullah. Muhammad Abdullah petitioner accepted this offer and made statement that m case the statement of Abdul Aziz respondent and his counsel is found to be correct, his petition be dismissed. In view of these statements, Kh. Shaukat Ali,…
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