Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973) Art. 185(3)-Leave to appeal---Disposal of appeal on agreed terms- No suitable approach road having been provided for plot purchased by petitioner from respondent Trust litigation starting between parties and eventually Trust selling out plot to another on ground of petitioner having not completed construction within stipulated time-Respon dent's counsel agreeing to suggestion made by appellant regarding settlement of dispute by accepting passage already provided by respondent and undertaking to make recommendation to Trust so as to finish all disputes between parties in amicable and just manner and Deputy Commissioner, Chairman of Trust, also agreeing to such proposal--Appeal accordingly disposed of in terms that appellant agrees not to demand any other passage except one provided by respondent but such agreement made without prejudice to appellant's right to restoration of plot, a dispute pending in civil Court. Date of hearing : 1st July 1979.                                                                                                                                                                 ORDER ANWARUL HAQ, C.J:-r-The dispute in this case concerns the provision of a suitable approach road and passage to Plot No. 53 situate on Hall Road, Murree, allotted to the appellant Ch. Abdul Ghani Ghumman by the Murree Improvement Trust in 1954. The appellant had paid the full price of the plot and an agreement for sale was duly executed between the parties in the A year 1959. In the Scheme prepared by the Murree Improvement Trust the approach roads and passages to the individual plots were to be provided and developed by the Trust, and on this understanding the appellant had started construction over the plot allotted to him.…