Law:

Section:

Arbitration Act (X of 1940)-----Ss. 14 & 17-Award given by arbitrators filed in Court-Pending proceedings parties filing compromise deed and Court passing decree on basis of compromise without any reference to award-Questions : (i) whether decree made on compromise invalid, (ii) whether such a decree could not be passed without in first instance superseding or remitting award-Special Leave to Appeal granted by Supreme Court to consider questions-Civil Procedure Code (V of 1998), O. XXIII, r. 3. Maqbool Ilahi Malik, Advocate Supreme Court instructed by Kh. Mushtaq Ahmad, Senior Attorney for Petitioners. Nemo for Respondents Nos. 1 and 2. Muhammad Asghar, Advocate Supreme Court instructed by Maqbool Ahmad Rana, Attorney for Respondent No. 3. Date of hearing : 6th December 1968. ORDER SAJJAD AHMAD, J.-The petitioners, 16 in number are tenants in cultivating possession of the disputed land which formed part of the estate of the late Sir Muhammad Akbar Khan of Hoti who died on the 6th of October 1952, leaving behind 5 sons, 2 widows and 2 daughters as his heirs. The inheritance mutations for the agricultural land were attested in favour of the heirs according to Shariyat. Respondent No. 3, Mst. Gohar Taj, one of the daughters of the late Nawab transferred her entire share in her father's estate except 500 Jaribs of Shah Nehri land and 10 Jaribs of municipal land, in favour of her brothers by registered deeds by way of Hiba-bil-iwaz. Subsequently, on her marriage, she repudiated the gifts. In consequence the dispute was referred by all the heirs to the sole arbitration of the late K. B. Muhammad Ibrahim Khan, Judicial Commissioner of the former N.-W. F. P. by an agreement deed dated the 6th of May 1954. The arbitrator gave his award on the 3rd of May 1965. He found that the gifts were void and inoperative as against the rights of Mst. Gohar Taj. 1 he award was filed in Court but before it was made the rule of the Court the West Pakistan Land Reforms Regulation (Martial Law Regulation No. 64 hereinafter described as the Regulation) was promulgated. Respondent No. 3 claiming to be the owner of 7/96 shares out of the estate of her late father filed her LC I and LC…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492