Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Revision petitions---Compromise---Parties entered into compromise before the Court---Interpretation of intention of parties- --Dispute between parties regarding interpretation of the language of the compromise which appeared to be ambiguous---Resolution of dispute---Interpretation of intention, of parties could only be resolved by framing issues and allowing parties an opportunity to lead­ evidence-----Case was remanded by High Court to Trial Court for proceeding with the matter afresh. JUDGMENT This judgment shall dispose of connected Civil Revisions Nos.899 of 1994 and 900 of 1994 Re: "Ch. Habibullah etc. v. Ali Muhammad Mohsin" and also Civil Revision No. 1093 of 1994 re: "Ali Muhammad Mohsin v. Ch. Habibullah etc." because they arise out of the same controversy between the parties. 2. The facts leading to the filing of these revision petitions, briefly, stated, are that Ch. Habibullah, who' is since dead, had landed property in Districts Vehari, Faisalabad and Rajanpur. He happened to be the father of Ali Muhammad Mohsin, Wali Muhammad, Muhammad Akhtar Hussain and Abdul Hussain. It has been claimed in Civil Revisions Nos.899 and 900 of 1994 that Ch. Habibullah was pressurised by Ali Muhammad Mohsin to distribute his properties/ownership among his sons. He therefore, distributed the same among his four sons by way of Tamleek in equal shares through a compromise deed, dated 26-10-1978 and on the basis thereof a suit pending before the Administrative Civil Judge, Faisalabad was decreed on 27-11-1978. The landed property situated in village Gullu Tehsil Mailsi measured 28 Acres, 2 Kanals which was also allegedly distributed in four equal shares. This decision was subsequently ratified in arbitration proceedings as per the award/decision, dated 1,7-3-1984. The matter, however, did not end there and the parties again entered into litigation. It was finally in appeal that the learned Additional District Judge, Faisalabad took keen interest in getting the dispute between 'the parties permanently settled, as a result of which the parties again entered into a compromise which was duly incorporated in his order, dated…

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