| Citation(s) |
|---|
| 1998 SLG 1527 1998 SLD 1527 1998 CLC 2068 |
Lahore High Court
Civil Revision No. 1294 of 1997, decision dated: 20-08-1997
AMIR ALAM KHAN, J
Zahid Hussain Khan for Petitioner
Civil Revision No. 1294 of 1997, decision dated: 20-08-1997
AMIR ALAM KHAN, J
Zahid Hussain Khan for Petitioner
BUDHEN-
VS
Mst. HAMAN BIBI and others
Law:
Section:
Civil Procedure Code (V of 1908)-------O. XXIII, R. 3 & O. III Rr. 1, 4---Consent decree---Consent decree was challenged on the ground that the petitioner had not authorised his counsel to enter into compromise with the respondent --Petitioner himself had made the statement in the Court in this behalf which was duly thumb-marked by him--Revision petition assailing the compromise was dismissed in circumstances. ORDER This civil revision is directed against the judgment and decree, dated 3-6-1997 passed by the learned Additional District Judge, Khushab, whereby the first appeal of the petitioner was disposed of in terms of compromise reached between the parties resultantly the judgment and decree, dated 9-4-1995 passed by learned Trial Court Khushab, was set aside. 2. The suit of the respondents seeking possession of land measuring 10 Marlas comprised in Ihata No-85, Chak No.63-M.B. Tehsil and District Khushab through demolition of structure constructed thereon was resisted by the petitioner on the ground that he is owner in possession of the land in dispute vide judgment and decree passed by the learned Civil Court. The parties are related to each other inasmuch the petitioner is the maternal uncle of the respondent. It was after due contest between the parties that the suit of the respondents was decreed by the learned Trial Court vide its judgment, dated 9-4-1995. The petitioner appealed against the above said decree before the learned Additional District Judge, Khushab, and during the course of pendency thereof, the parties got recorded their statements thereby stating that the disputed piece of land is agreed to be that of Mst. Maryam Bibi, the mother of the respondents and the sister of the petitioner and that the petitioner be deemed to be in possession thereof for and…
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