MOHAMMAD ASLAM Vs. HAZARA BIBI

JUDGEMENT

(1.) This appeal is directed again compromise decree passed on the statement of respondent No.l proforma respondent. No.3 and learned counsel for the parties, who appeared before the first appellate court below. In fact, the matter was compromised with the intervention of the learned counsel for the parties when conciliation was brought around. First appeallate court on being satisfied that terms of the agreement and compromise arrived at between the parties before it were lawful and reasonable, as such statements of the parties/their learned counsel were ordered to be recorded.

(2.) A brief resume of facts of this case is as under: - A suit for possession was filed by Smt. Hazara Bibi, respondent No. 1 (hereinafter referred to as "the plaintiff"), against proforma respondents No.s. 1 & 2 Shahab Dee alias Shahed Deen Mohammad Akram; and Mohammad Aslam -appellant. All three are being referred to as defendants hereinafter. This suit was based on title, as according to the plaintiff, she was owner of land measuring 0 -5 biswas comprised in khewat/khatauni No.29/39, khasra No. 1012 and two rooms, one latrine and bath room and a stair -case. Though this property was in her ownership, but was in occpation of the defendants as licensees. On the other hand, defendants claimed that it is they who have built the same on their own land and thus, they are occupying it as owners. It was in this background that suit came to be filed.

(3.) After conclusion of the trial, it was held that plaintiff has failed to establish having constructed house on khasra No. 1012, having given it for use and occupation to defendants in April, 1992 for few days, though she was held to be owner in possession of the land. It was further held that house has been constructed by defendants on their own land purchased in the year 1954 from one Nazir Ahmad.