IN THE COURT OF CH.

MUHAMMAD ASIF
CIVIL JUDGE CLASS-III, LAYYAH.

Civil Suit No. 221 of 2011.

Muhammad Jamil Ahmad,etc. Vs. Shamaila Anjum,etc.

SUIT FOR PARTITION.

Date of Institution. 21.6.2011.

Date of Final Decree. 20.6.2013.

Sh. Muhammad Zulfiqar advocate counsel for plaintiffs.

Shahid Raza Naqvi advocate counsel for defendants.

JUDGMENT.
Brief facts of the instant cas as per averments of the plaint are that
originally the suit property was the ownership of one Aziz Bakhsh s/o Sher Muhammad
the predecessor of the parties, who has been expired and the parties became owner of
property being his legal heirs. Besides the parties, there is no other his legal heir. The
defendants are cultivating the suit pro0perty since long and are enjoying its feruits. But
they are not paying share of produce to the plaibntiffs. Even the defendants are not ready
to hand over possession of the property to the plaintiffs to the extent of their shares rather
the disputes regarding the property also artose between the parties occasionally. The
plaintiffs asked the defendants time and again to hand over the possession of the property
to the plaintiffs to stheir extent. But they have refused. Hence, this suit for partition.
2. It is pertinent to mention here othat on the basis of statement of learned
counsel for the defendants in which he stated that a compromise has been effected
between the parties and also produced compromise deed as Exh.C-1. He also stated in his
statement that he has no objection if the suit is decreed in favour of the plaintiffs as per
terms and conditions of compromise deed Exh.C-1. During the pendency of suit, the
defendant No. 33 has expired. After his death amended plaint was submitted by the
plaintiff after impleading the legal heirs of the defendant No. 33. Ch. Asim Iqbal Gujjar
advocate has appeared on behalf of legal heirs of defendant No.33 and got recorded his
statement wherein he also deposed that they will are rely on the statement recorded by the
learned counsel for their predecessor. Therefore, in the light of statements of learned
counsel for the defendants, a preliminary decree was passed in this case in favour of all
legal heirs of deceased Aziz Bakhsh on 15.2.3013 and Mr. Muhammad Yaqoob Ilyani
was appointed as local commission, who was directed to visit the spot and submit his
complete report that whether the property is dividable as per agreement Exh.C-1, if so, is
the mode of partition is correct as mentioned in the said document and if property is not
dividable, what should be its market value.
3. Under the order of the court, Muhammad Yaqoob Ilyani advocate/local
commission has visited the spot after giving notice to both the parties and submitted his
report that both the parties have no objection if the suit of the plaintiffs is decreed as per
terms and conditions of compromise deed Exh.C-1. After the submission of said report,
parties alongwith their counsels again appeared in the court on 23.5.2013 and recorded
their statement that they have no objection if the instant suit is decided in the light ofg
compromise deed Exh.C-1 and report of local commission. Therefore, the instant suit is
hereby finally decreed as per terms and conditions of the compromise deed Exh.C-1
coupled with report of local commission. The compromise deed Exh.C-1 be made part of
the decree. Parties are left to bear their own costs. Decree sheet be prepared on
submission of requisite stamp duty. File be consigned to the record room after its due
completion.
Announced.
20.6.2013.
(Ch. Muhammad Asif)
Civil Judge Class-III, Layyah.
Certified that this final judgment consists of two pages, which has been
dictated, read, corrected and signed by me.
Announced.
20.6.2013.
(Ch. Muhammad Asif)
Civil Judge Class-III, Layyah.