Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Sindh Rented Premises Ordinance, 1979

Section: 22

Civil Procedure Code, 1908 <Y of 1908)-- -—S.12(2) read with Sind Rented Premises Ordinance, 1979, Section 22-Rent case—Written compromise in—Existence of oral agreement also and its violation—Allegation of—Allegation that there was an oral- agreement besides written compromise application, is on face of it unbelievable and absurd- Held: This application is improper, malafide and has been made only to protract and abuse process of court—Application dismissed.   1990 CLC 366 rel. ORDER C.MA.No.654/1990 is an application under Scc.l2(2) CPC. read with Order-XXIII Rules 12 and Section 151 CPC. Facts forming the back-ground of this application are that appellant Noor Muhammad is transferee from the Settlement Department of the premises in dispute and as such a landlord thereof. He filed an ejectment application (Rent Case No.690/1981) against Respondent No.l Muhammad Kamil, which was initially dismissed by the Controller, but on remand by this Court came to be allowed by the Controller. The order of ejectment was up-held by this Court in F.RA. No.375/1986 decided on 15-12-1988. Respondent No.l filed Suit No.877/1987 for cancellation of the transfer documents issued in favour of the appellant by the Settlement Authority, on the original side of this Court. An application under Order-VIl Rule-11 C.P.C. was filed by the appellant in that suit which was dismissed by the learned Single Judge, who tried the suit. H.C.A. No.31/1989 was filed against the said order of dismissal which was admitted by the Division Bench. An application for withdrawal of appeal was filed stating that Re pondent No.l had withdrawn from the suit from which this High Court Appeal had arisen. The application was signed by the Respondent No.l as well as his counsel and no objection was recorded by the Advocate or the appellant. Consequently permission was granted for withdrawal of the appeal as well as the suit and the two were dismissed as such by the Division Bench consisting of Hon’ble Chief Justice and my learned brother Mr.Justice Salahuddin. It is alleged in the application u/s 12(2)CPC that simultaneously with the compromise an oral agreement was entered into between the parties in…

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