Law:

Section:

Constitution of Pakistan (1973) --Art. 185(3) Plot allotted to appellant, full price paid to respondent and agreement of sale duly executed in 1955 Plot being situated on a hillock, passage provided for entry into plot consisting of 57 steps and building material not to be conveniently carried Appellant moving respondent for providing some conve¬nient passage but failing redress filing civil suit Respondents mean¬while resuming plot for failure of appellant to construct building within appointed time as agreed to by parties Arbitrators appointed to find solution of problem but no practicable solution offered ¬Parties eventually agreeing to disposal of instant appeal in terms of appellants' agreement not to demand any other passage except steps provided by respondent but without. prejudice to his right to restoration of plot subject of civil suit still pending in civil Court ¬Appeal disposed of accordingly with liberty to appellant to apply for its revival in case his grievances not redressed on lines agreed to. ORDER ANWARUL HAQ, C. J. 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 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 under standing the appellant had started construction over the plot allotted to him. He then discovered that a suitable passage was not being provided to his plot. For some time he managed to use a passage by the courtesy of the allottees of the adjoining plots, but such an arrangement could not last indefinitely. He understood and found at the spot that a passage had been provided for Plot No. 53 through Plot No. 55, but the same was not shown in the relevant record. A dispute having thus arisen between the parties, he filed an application under section 20 of the Arbitration Act in the civil Court. The dispute…

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