Tuesday, September 6, 2011

Suit for Recovery of Amount


IN  THE  COURT  OF  ___  CIVIL  JUDGE  KARACHI  EAST
Civil Suit No. __/04

     
TANVEER AHMED KHAN ………………………                  PLAINTIFF


VERSUS


1.                  Syed Muhammad SALEEM SHAH
2.         Syed Muhammad MAZHAR …………..             DEFENDANTS
 


SUIT FOR RECOVERY OF RS. 18519/=

               The Plaintiff, abovenamed, submits as under: -
1.}       That the Plaintiff and the Defendant No.1, being duly constituted Attorney of the Defendant No.2, entered into an agreement to Sell on _________, 200__, and whereas the Defendant No.1 was agreed to sell/assign and the Plaintiff agreed to purchase/acquire a residential FLAT #D-1, Fourth Floor, project known as “ ROYAL TERRACE” measuring 970 Square feet or thereabout, constructed on 1/5th undivided share of Sub Plot # SB-4, situated in Block No.2, Gulshan-e-Iqbal, KDA Scheme No.24, Karachi (Hereinafter referred to as the “Said Property”), by virtue of the said Sale Agreement in consideration of Rs.6,25,000/= (Rupees  Six Lac & Twenty Five Thousand only).
Photocopy of the Sale Agreement dated     ______200__ is enclosed herewith & marked as Annexure “P/1.”

2.}       That as per Covenant #2 of the said Sale Agreement:
That the Vendor shall be fully responsible to get the said property vacated from the Tenant and clear/receive all outstanding dues/charges from the Tenant & refund the Security Deposit to the Tenant. That the Vendee shall have no concern with the liabilities of the Tenant and the Vendor shall pay and clear all the liabilities/dues, if received in future, in respect of the said property till the date of taking physical possession by the Tenant.”

3.}      That the Plaintiff received a Notice of an amount of Rs.18519/=(Rupees Eighteen Thousand Five Hundred & Nineteen only) for the year of 2003-2004 as property tax from the concerned department.
Photocopy of the said Notice is enclosed herewith & marked as AnnexureP/2  ”

4.}       That the Plaintiff served a Legal Notice SLA/Kar/107/04, Dated 13.03.2004, through which the Defendants were called upon that in default of your compliance the Plaintiff will be compelled to take action either to prosecute you in criminal or civil court of law entirely at your risk as to costs and consequences.
Photocopy of the said Notice is enclosed herewith & marked as AnnexureP/3 & P/4” respectively.
       
5.}       That neither the Defendant No.1 nor the Defendant No.2 paid the said amount despite the said Legal Notices and continuous verbal reminders and requests, by this acts, the Defendant No.1 has committed breach of contract, agreed mutually between the Plaintiff and the Defendant No.1.

6.}       That the act & omission of the Defendant No.1, as per description the Plaint, has caused serious mental torture, agony & perplexities to the Plaintiff & also disgraced, disrepute & lower down the status of the Plaintiff, for which, the Defendant No.1 is liable to compensate and pay the said amount otherwise the Defendant N0.2 is liable to compensate and pay the said amount.

5.}       That cause of action arose firstly when the Plaintiff received a Notice of an amount of Rs.18519/=(Rupees Eighteen Thousand Five Hundred & Nineteen only) for the year of 2003-2004 as property tax from the concerned department, and then despite continuous verbal reminders and requests and then lastly when the Defendant No.1 & 2 refused flatly to pay & continuous day to day till today. Hence this suit.

 6.}      That the Defendant No.1 resides, and the Plaintiff received the said notice of Rs.18519/= for the year of 2003-2004 as property tax from the concerned department with regard to the said Property, and also cause of action arose within the local limits of P.S. GULSHAN-E-IQBAL, which falls under the jurisdiction of this Hon'ble Court.

7.}       That for the purpose of jurisdiction & court fee the suit is valued at Rs.18519/=being the amount in question, hence prescribed Court fee has been affixed as per law, Therefore, the Plaintiff undertakes to pay the court fee after the Decree is drawn, in case This Hon'ble Court is of the opinion that the Plaintiff is entitled to more compensation/ damages then claimed.


PRAYER

                Under the circumstances, it is respectfully prayed that This Hon'ble Court may be pleased to pass a judgment & Decree in the above case in favour of the Plaintiff & against the Defendant No.1 & 2 as follows: -

a)                 Directing the Defendant No.1 to pay Rs.18519/= for the year of 2003-2004 as property tax from the concerned department to the Plaintiff.

b)                 Directing the Defendant No.2 to pay Rs.18519/= for the year of 2003-2004 as property tax from the concerned department to the Plaintiff in default of the Defendant No.1 who is duly constituted Attorney of the Defendant No.2.

c)                 Directing the Defendant No.1 & 2 to pay Rs.6481/= to the Plaintiff in respect of breach of contract.

Or IN THE ALTERNATIVE;

d)                 In case this Hon'ble Court is of the opinion that the plaintiff is entitled to damages more than claimed, permitting the Plaintiff to pay Court fee after the Decree is drawn.

e)                 Granting costs of the suit.

f)                  Passing any other order or orders deemed just, fit & proper under the circumstances of the case.

                     Prayed accordingly in the interest of justice.

Karachi:
Dated:       /04/2004.
PLAINTIFF

S.M. ZBAIR  

ADVOCATE For the Plaintiff



VERIFICATION
                                      I, TANVEER Ahmed Khan Son of Abdul GHAFFAR Khan,, Muslim, adult, resident of Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi    
Dated: ----/04/04.
Deponent/Plaintiff
                                                        
                                                             The deponent identified by me.

                                                                       S.M. ZUBAIR  

ADVOCATE for the Plaintiff


Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr. S.M. ZUBAIR, Advocate whom I know personally.
                                 The contents of the Plaint have been read over and explained to the Deponent in the language too which he seems to be understood the same and set his/her signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS



DOCUMENTS FILED                    :   Annexure “P/1 to P/    ” 
DOCUMENTS RELIED UPON     :   ALL RELEVANT DOCUMENTS  
ADDRESS OF OPPONENTT        :   AS PER TITLE OF THE SUIT.
FOR SERVICE.
ADDRESS OF THE COUNSEL    :    AS PER VAKALATNAMA.

FOR THE APPLICANT                               

Sunday, September 4, 2011

Suit for Recovery of Maintenance


IN THE COURT OF ____  FAMILY JUDGE  KARACHI EAST
F.S. No. __/04.


1.         AMMAN son of
Muhammad AAMIR
Trough his mother Mst. NAHID
Daughter of Imdad Ali, Muslim, adult,
R/o. House No.20, Block – 18, KDA Colony,
Gulshan-e-Iqbal,
Karachi.

2.         Mst. NAHID
D/o. Imdad Ali,
Muslim, adult, R/o. House No.20,
Block – 18, KDA Colony,
Gulshan-e-Iqbal,

Karachi.         .…………………………………                            PLAINTIFFS



VERSUS


Muhammad AAMIR

Son of Muhammad Ismail,

Muslim, Adult, R/o. House No. L/1/40,
Surjani,
Karachi.         ………………………………                                 DEFENDANT



SUIT FOR RECOVERY OF MAINTENANCE

The Plaintiff No.2 abovenamed submits as under: -
1.                  That the Plaintiff No.2 was married with the Defendant at Karachi, in August 2002, as per Shariat Law, in consideration of dower amount of Rs.25,000/=(Rupees Twenty Five Thousand only) which is still unpaid, and one male issue, the Plaintiff No.1, AMMAN, aged about _____________________ & half month, was born out of this wedlock. Nikahnama is in custody of the Defendant.

2.                  That rukhsati took place at same day, and relation between the spouses remained harmonious for few days and then the defendant started to inflict mental & physical torture and mal-treated the Plaintiff No.2, since the marriage was taken place the defendant never maintained her properly, but the Plaintiff No.2 tried to lead a harmonious married life, she served the Defendant as well his parents, brothers and sister as a servant besides this she loved him so much, but the whole family of the Defendant spare no opportunity to degrade her, on false complaints made by the whole family the Defendant used to beat her severally.

3.                  That since the marriage took place the Defendant gave permission to see with her parents, sisters, brothers, hardly 3/4 times she met them in presence of any one member of his family, and the defendant used to come with his friends seems to be ghundas and ordered to fulfill all kinds of wishes of them, on refusal to beat brutally and severally and miserably and then used to make apologize.

4.                  That in _____________ 2004, the Defendant, on some pity reason, on instigation of his mother & sister the Defendant beaten her beastly and turned her out, alongwith sucking Plaintiff No.1 in three clothes, from his house, due to this she had to take shelter in the house of the Plaintiff No.2’s father and since then she is living with her parents, while all the dowry articles and golden ornaments worth of Rs.56000/= are lying in the Defendant’s house, she reserves the right to recover the same separately.

5.                  That now it is not possible for the Plaintiff No.2 to live together a harmonious married life. The Plaintiff No.2 has developed hatred toward the defendant as such she cannot live together according to the limits prescribed by Al-Mighty ALLAH, a Family Suit 310/04 for Dissolution is pending before II nd. FJ Karachi East.

6.                  That in this era of high price spiral, high rate of inflation pressurized economy, the poor Plaintiff No.2 dependent and became a burden on her due to this her sufferings and agony knew no bounds.

7.                  That during and since the marriage took place, the hardhearted defendant did not pay a single penny to poor Plaintiff No.2 as maintenance whereas the defendant is a successful businessman, he is a contractor and his monthly emoluments are more than Rs.15000/=(Rupees Fifteen Thousand only) approximately. The Plaintiff No.2 approached and demanded monthly maintenance many a time from the defendant through the monthly maintenance many times from the defendant through the mediation of family members. The defendant shirked to fulfill his legal moral obligations as such agonized the Plaintiff No.2, her mental turpitude and torture is immense to the extent that her life worst.

8.                  That the Plaintiff No.2 is basically a housewife confined to household affairs and no means for self-support. Henceforth, she puts forward her under mentioned claim of maintenance allowance as admissible under the Muslim Family Ordinance of 1962.

9.                  That the cause of action accrued to the Plaintiff No.2 when the Defendant turned her out of his house, the Plaintiff No.2 and Minor are residing within limits of P.S _________________________, which is within jurisdiction of this Hon’ble Court.

10.             That the prescribed court fees stamps has affixed as the suit is valued in accordance with the provision of Family Court Act.


P R A Y E R

                              It is respectfully prayed that this Hon’ble Court may be pleased to pass Judgment and Decree in favoure of the Plaintiff No.2 against the Defendant claims: -

A)                           To allow the maintenance of the minor (Plaintiff No.2 No.1) @ Rs.2000/=per mensum w.e.f. __________200   and in future also.

B)                            To allow the past maintenance of the Plaintiff No.2 @ Rs.2000/=per mensum w.e.f. August 2002    till February 2004.

C)                            Costs of the suit.

D)                           Any other relief, which this Hon’ble Court deems fit and proper in the circumstances of the case.

Karachi.
Dated:            ---/----/04.
P L A I N T I F F

 

S.M. ZUBAIR

ADVOCATE For the Plaintiffs



VERIFICATION

I, Mst. NAHID D/o. Imdad Ali, and real mother of the Plaintiff No.2 No.1, Muslim, adult, resident of Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi.
Dated: ----/0   /04.
Deponent/Plaintiff No.2
The deponent identified by me


SM  ZUBAIR
Advocate for Deponent/Plaintiff No.2
      
Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.                                                                The contents of the Plaint have been read over and explained to the Deponent in Urdu too and he/she seems to be understood the same and set his/her signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS



DOCUMENTS FILED                             :    NIL.
DOCUMENTS RELIED UPON              :   ALL RELEVANT DOCUMENTS  
ADDRESS OF DEFENDANTT              :   AS PER TITLE OF THE SUIT.
FOR SERVICE.
ADDRESS OF THE COUNSEL             :   31, BARI CHAMBERS, Near Jama  
FOR the Plaintiffs                                            Cloth, Robson road, Karachi
 


IN THE COURT OF ____   FAMILY JUDGE  KARACHI EAST
F.S. No. __/04.
 


 AMMAN                         ……………………………                  PLAINTIFFS

VERSUS


Muhammad AAMIR          ………………………                       DEFENDANT



                       
AFFIDAVIT
                               I, Mst. NAHID D/o. Imdad Ali, Muslim, adult, resident of Karachi, do hereby state as under: -

1.                              That I am the Deponent/Plaintiff No.2 & mother of the Plaintiff No.1 of this affidavit and as such am fully conversant with the facts of the matter deposed herein.

2.                              That I say that was married with the Defendant at Karachi, in August 2002, as per Shariat Law, in consideration of dower amount of Rs.25,000/=(Rupees Twenty Five Thousand only) which is still unpaid, and one male issue, AMMAN, was born out of this wedlock. Nikahnama is in custody of the Defendant.

3.                              That whatever stated above and in the accompanying Plaint is true and correct to the best of my knowledge and belief.


Karachi.
Dated: - ---/----/04.
DEPONENT
The Deponent identified by me
 

SM ZUBAIR

ADVOCATE


Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.
COMMISSIONER FOR TAKING AFFIDAVITS



IN THE COURT OF ____   FAMILY JUDGE  KARACHI EAST
F.S. No. __/04.
 


 AMMAN                         ……………………………                  PLAINTIFFS

VERSUS


Muhammad AAMIR          ………………………                       DEFENDANT

 

 

LIST OF WITNESSES


1.                  Mst. Nahid D/o. Imdad Ali
2.                  Imdad Ali S/o. Karamat Ali
 
Shall corroborate the Version of the Plaintiff No.2 .

Karachi.
Dated. __ / ___/04.
S.M. ZUBAIR
ADVOCATE For the Plaintiffs

Suit for Recovery of Maintenance and Dowery Articles


IN THE COURT OF IIIrd. FAMILY JUDGE  KARARACHI   SOUTH
Family Suit No.     /0--

Mst.Mumtaz Mai                   ………………………………………..          Plaintiff       

VERSUS

M. Hanif                     ……………………………………….                       Defendant


SUIT FOR RECOVERY OF MAINTENANCE AND DOWERY ARTICLES

             The Plaintiff above-named begs to submit as under:
1.                    That the plaintiff was married with the defendant abovenamed on 5 th March, 1978 in Multan, Punjab in accordance with Islamic Shariat (Hanafi) law for consideration of strict sharia dower amount. The marriage was arranged on exchange marriage basis. Photocopy of the Nikahnama is enclosed as Annexure "A".

2.                    That the plaintiff continued to live with th defendant after the solemnization of marriage as a submissive, faithful wife and performed her matrimonial duties and obligations.

3.                    The the defendant, consequent upon wedding, kept the plaintiff properly only for (5) years. Thereafter, defendant's behavior towards the plaintiff changed gradually. He became critic and used to create dispute on petty domestic matters. He became very harsh and hit the plaintiff with fist on several occasions. His attitude became sub human and barbaric. On bad morning, he beated/assault the plaintiff mercilessly and tuned her out from the house on three piece clothes which she had on the body. Plaintiff the victim having non-option returned and took refuge/shelter at the parent's house.

4.                    That the defendant contracted second marriage with mother lady named Nazir Mai without the consent/permission of plaintiff in defiance of Muslim Personal Law of 1962 and ousted the plaintiff from his premises, pronouncing that the would not keep her any more alongwith him in his house.

5.                    That thereafter, the Plaitiff passed 19 years-golden period of her life in the name of defendant in her parent's house. She hoped good sense would prevail and save the way for return of good times. During the past period of almost two decades the plaintiff put several hectic efforts for reconciliation and approachment through family senior members and community Panchayat Reconciliation Committee. Alas ….. All in vain owing to non-compromising attitude of adamant defendant. Every reconciliatory attempt to resolve the difference and dispute failed. He shirked to sit for negotiation and amicable settle. His contention was that he would neither keep her as a wife nor divorce her rather keep in hanging position.

6.                    That the plaintiff intended to perform pilgrimage (Hajj-e- Badal) this year. Five months ago, she approached to defendant and sought his permission (as he was/is husband) prior to submit Hajj application from to Ministry of Hajj, Govt. of Pakistan, in order to proceed for Pilgrimage with a Mahram i.e.his brother. Husband's approval is indispensable for Hajj performance according to religious dictates. Unfortunately, the defendant did not accede to plaintiff request for sacred mission, as such, she could not proceed.

7.                    That after the occurrence of above  noted event, once again,, the plaintiff tried to reach to a settlement with the defendant through the good offices of her brothers namely ___, and other familymembers. Sense senior members of community Panchayat committee, too.put efforts for compromise. But the defendant categorically refused to keep the plaintiff with him as a wife and give religious right as prescribed in Quran and Sunnah. Notwithstanding, the plaintiff was/is always willing to live with defendant within limits of Almighty Allah and perform her conjugal rights and obligations.

8.                    That the plaintiff extended her demand of return of dowry articles from the defendant which consists of ten tola golden ornaments, valuable clothes, furniture etc. which were given to her by her old parents by their hard earned life savings at the time of wedding. The value of entire dowry articles amounts to Rs.130, 000/ =(One Lac & Thirty Thousand) approximately. A list of dowry articles is enclosed herewith as Annexure "B". The defendant turned a deaf year, occupied all previous dowry articles and refused to return inspite of repeated request and emphatic demands.

9.                    That the defendant is a successful businessman, he is a contractor and is engaged in the business of taking lease of agricultural lands and installation of tube wells in farm. his monthly emoluments are Rs.40, 000/-(Rupees Forty thousand) approximately.

10.                That in this era of high price spiral, high rate of inflation pressurized economy, the poor plaintiff is dependent and became a burden on her. She is passing a miserable life and her sufferings and agony knew no bounds.

11.                That during the last 23 years, since the date of her separation the husband/defendant, the hardhearted defendant did not pay a single penny to poor plaintiff as maintenance whereas he is an affluent, well to do and capable to support her financially. His personal economy is very set as his monthly income is Rs.40,000/-. The plaintiff approached and demanded monthly maintenance many a time from the defendant through the monthly maintenance many times from the defendant through the mediation of family members. The defendant shirked to fulfil his legal conjugal, moral obligations as such agonized the plaintiff. Her mental turpitude and torture is immense to the extent that her life worsts, no worth enough to survive.

12.                That the plaintiff is basically a housewife confined to household affairs and no means for self-support. Seldom she works as a mad servant in relative's house only. Henceforth, she puts forward her undermentioned claim of maintenance allowance as admissible under the Muslim Family Ordinance of 1962.

i)                    A consolidated amount of Rs.720,000/-(Rupees seven lacs twenty thousand only) as past maintenance allowance/stipend for the last 6 years till todate.
ii)                  A monthly maintenance allowance of Rs.10,000/=(Rupees ten thousand).

13.                That the defendant is legally bound to provide maintenance cover to the plaintiff regularly and punctually.

14.                That the plaintiff had sent defendant a legal notice dated _____, through Reg. Post and TCS. The same was served accordingly. Photocopy of legal notice, Postal, TCS,Receipt and TCS Services Confirmation Report are enclosed as Annexure "C.D.E.F.G." respectively. It is pertinent to mention painfully that inspite of receipt/services of relative Legal Notice, the defendant neither remitted any maintenance allowance nor bothered to respond and reply to anxiously waiting plaintiff.

15.                That the cause of action arose to the plaintiff for filing the present Family Suit at Karachi, on or about 21st ___, when she was forcibly sent back to her parents' house by the defendant and thereafter he denied/failed to provide her maintenance. Subsequently, it accrued every day, each and every month while inspite of plaintiff's repeated request and emphatic demand, the defendant failed to provide the maintenance in conformity to his commitment and assurance. The cause of action continues every day each and every month and subsists in full force till the recovery of entire past maintenance amount/charges and punctual payment of recurring maintenance amount under the same head. It is accompanied with the return of entire/full dowry articles, too.

16.                That proper court fee has been affixed herewith.

17.                That the plaintiff resides within the local limits of P.S. Bughdadi, which is within the jurisdiction of this Hon'ble court.


PRAYER

                 It is respectfully prayed that this Hon'ble court may be pleased to pass judgement and decree in favour of plaintiff against the defendant :

i)                    Payment of Rs.720,000/=(Rupees ______) to the plaintiff as past 6
years' maintenance at rate of Rs.10,000/=(Rupees ____) per month     since 01 ____,__ onwards with specific institution/direction to pay promptly.
ii)                  Payment of future/recurring maintenance at the rate of Rs.10,000/=(Rupees ___) per month which appears to be just and cogent in view of the circumstances of the case.
iii)                Return of entire dowry articles to plaintiff which amount to Rs.130,000/=(Rupees____) approximately.
iv)                Cast of the suit by virtue of poverty of plaintiff.
v)                  Any other relief/relieves which this Hon'ble court may deem fit and proper in the circumstances of the case may also be granted.
Karachi.
Dated:
PLAINTIFF

S.M. ZUBAIR
Advocate

Suit for Specific Performance and Cancellation and Permanent Injunction

IN THE COURT OF ____ CIVIL JUDGE   KARACHI EAST
Civil Suit No.     /02.

Muhammad Pervaiz  son of
Dost Muhammad, Muslim, adult,
R/o. B-812, Deh Sharafi, future Colony,
Near Rashan ShopNo.1585, Landhi,
Karachi.                     .…………………………………..........         PLAINTIFF.


VERSUS



1.           Sohana Masih son of
Hayat Masih, Christian, adult,
Resident of 87/247, Block-I,
Future Colony, Landhi,
Karachi.

2.           Mukhtiarkar,
Landhi Town at Qaidabad,
Karachi.

3.           Deputy Settlement Commissioner
At Govt. of SINDH, Revenue
Situated at near Utility Store
High Court Branch,
Karachi.                           ….......……………………………     DEFENDANTS.


 
SUIT  FOR  SPECIFIC  PERFORMANCE AND
CANCELLATION & PERMANENT INJUNCTION
 
                              The Plaintiff abovenamed begs to submit as under: -

1.)                          That the Plaintiff purchased the Plot No. 87, Block-I, N.No.247,
Deh Sharafi, Karachi, Landhi, Karachi, measuring 142 Sq. yards from the Defendant No.1 on 15.05.1985, in consideration of Rs.40,000/=(Rupees Forty Thousands only) and the possession was handed over to the Plaintiff already. Photocopies of the Sale Agreement and paid bill of K.E.S.C is annexed herewith and marked as Annexure "A" & “B” respectively.

2.)                          That on 5.10.2002, some unknown persons came on the said Plot
to dispossess the Plaintiff from the said Plot which is under possession of the Plaintiff since 15.5.1985, the said unknown persons ordered to vacate the said Plot within one month because they have purchased the said Plot from the Defendant No.1, otherwise they will take away all house hold articles, the Plaintiff reported to concern Police Station but refused to lodge the FIR.

3.)                          That on 13.10.2002, the said unknown ghunda elements came again
and repeated their demand to vacate the said Plot/property and threatened if the Plaintiff will not do so then be ready to face the dire consequences now the Plaintiff has danger to be dispossessed.

4.)                          That the Plaintiff had a recourse to the Defendant No.1 to execute the
Agreement severely and in different times and asked for why the said unknown persons are coming to harass the Plaintiff and extending threats for dire consequences, and they purchased the said Plot/property in existence of prior Sale Agreement executed between the Plaintiff and the Defendant No.1, but the Defendant No.1 satisfied the Plaintiff and said he will comply with his Agreement, in this respect last legal notice was also served to the plaintiff on ___/___/___, but he is avoiding deliberately to see the Plaintiff and now he has refused flatly, the Plaintiff applied and made application to the Defendant No.2, on 1.12.2002, for transfer of the said Plot/property No.87, Block-I, N.No.247, Deh Sharafi, Landhi, Karachi, but the Defendant No.2 did not so and issued a letter to the Defendant No.3 for confirmation, but inspite of repeated visits and reminders the Defendant No.2 & 3 are not proceeding with the matter further. the Photocopy of the legal notice is annexed herewith and marked as annexure "C".

5.)                          That under the circumstances mentioned above there is no other
efficacious remedy available with the Plaintiff except to knock the door of this Hon'ble Court. Hence this suit.

6.)                            That the cause of action accrued to the Plaintiff against the
Defendants firstly when the Plaintiff purchased the said Plot/property, secondly when the said unknown persons came to dispossess the Plaintiff from the said Plot/property and lastly and extending threats day by day.

7.)                          That the Defendant No.1 is the necessary party when he sold out the
said Plot/property to the Plaintiff in consideration of Rs.40,000/=(Rupees Forty Thousands only) full and final payment and physical possession has been handed over to the Plaintiff on 15-5-198  to sell the said Plot/property to any other person shows malafide intention of the Defendant No.1, while the Defendant No.2 & 3 are the authority to mutate/transfer in the name of the Plaintiff in the records of the owners of the properties of which is maintained by it.

8.)            That for the purpose of jurisdiction & court fee the suit is valued at Rs.40,000/= for Specific Performance, Permanent & Mandatory Injunctions and hence no court-fee is required to be paid, it is a settled principle of law that the Plaintiff can be permitted to affix the court fee after the Decree in a suit is drawn. Therefore, the Plaintiff undertakes to pay the court fee after the Decree is drawn, in case this Hon'ble Court is of the opinion that the Plaintiff is entitled to more compensation than claimed.

9.)              That the said Plot/property in question is situated within the local
Limits of P.S. Landhi, which is within jurisdiction of this Hon'ble Court.

P R A Y E R
                     Therefore, Under the circumstances, it is respectfully prayed that This Hon'ble Court may be pleased to pass a judgement & Decree against the Defendants in favoure of the Plaintiff in the above case as follows:-

a)                                Directing the Defendant No.1 to cause/get executed Sale Deed in respect of the said Plot/property.
b)                                Grant permanent injunction directing the Defendant No.1, his friend(s), attorney(s), servant(s), subordinate(s), legal heirs, agents, representatives or any other persons acting on his behalf or claiming through them, from harassing humiliating the Plaintiff by way of sending his men for getting or taking the house hold articles  or dispossess from the said Plot/property by way of using force and extending threats.

c)                                Restraining the Defendant No.1 to 3 from effecting any transaction/ Mutation/Transfer or creating any third party's interest in the said Plot/property.

d)                                Grant Mandatory injunction directing the Defendant No.2 & 3 to be Transferred/Mutated in the name of the Plaintiff.

e)                                Directing Nazir to cause Transferred/Mutated in the name of the Plaintiff.

f)                                 Grant mandatory injunction in favoure of the Plaintiff against the Defendant No1 to 3.

OR
IN THE ALTERNATIVE;

g)                                Directing the Defendant No.1 to pay Rs.5, 00,000/- to the Plaintiff on account of breach of contract & damages, in case This Hon'ble Court of the opinion that the plaintiffs are entitled to damages more than claimed, permitting the Plaintiff to pay Court fee after the Decree is drawn.

h)                                Granting costs of the suit.

i)               Grant any other relief or reliefs which This Hon'ble Court may
                 deem fit  and proper under the circumstances.

j)                   Passing any other order or orders deemed just, fit & proper
                 under the circumstances of the case.
                          Prayed accordingly in the interest of justice.

Karachi.
Dated;___/___/2002.
PLAINTIFF

S.M.ZUBAIR
ADVOCATE FOR THE PLAINTIFF
                                         
VERIFICATION
I, Muhammad Pervaiz son of Dost Muhammad, Muslim, adult, R/o. Karachi, do hereby state on oath and Verify that whatever has been stated above in the above paras are true and correct to the best of my knowledge and belief.
Karachi.
Dated:    .    .02.
DEPONENT
The deponent is Identified by me.

S.M. ZUBAIR
ADVOCATE.
SOLEMNLY AFFIRMED Before me at Karachi on this ---- th day of ---------- 200-- , by the Deponent abovenamed who is identified by Mr. SM ZUBAIR Advocate who is known to me personally.
COMMISIONER FOR TAKING AFFIDAVITS.


Documents filed.                                  :          Annexure "A" to "  ".
Documents relied upon                        :          All relevant documents.
Address of the Plaintiff                        :          As mentioned in Title.
Address of the Plaintiff's Counsel.       :          As mentioned in Vakalatnama.

IN THE COURT OF ____  CIVIL  JUDGE   KARACHI  EAST
Civil Suit No.     /02.



Muhammad Pervaiz        .………………………………….        PLAINTIFF.


VERSUS


Sohana Masih & others        …………………………..         DEFENDANTS.
 

APPLICATION UNDER ORDER 39 RULE 1 & 2 CPC

                                     It is respectfully prayed on behalf of the Plaintiff that this Hon'ble Court may be pleased to grant interim injunction restraining the Defendant No.1 to 3 and their supporters, friends, legal heirs, representatives not to sell, dispossess, harassing, humiliating the Plaintiff by way of sending his men for getting the possession or house hold articles to the Plaintiff.

                                    Ad-interim orders solicited in chamber in chamber.
                         It is prayed in the interest of justice.

Karachi.
Dated:___/___/02.                                  
S.M. ZUBAIR
Advocate for the Plaintiff

IN THE COURT OF ____  CIVIL  JUDGE   KARACHI EAST
Civil Suit No.     /02.



Muhammad Pervaiz        .………………………………….        PLAINTIFF.


VERSUS


Sohana Masih & others        …………………………..         DEFENDANTS.

                                     
AFFIDAVIT IN SUPPORT OF
INJUNCTION APPLICATION.

                                I, Muhammad Pervaiz son of Dost Muhammad, Muslim, adult, R/o. Karachi, do hereby state on oath as under:-
1.                          That I am the Plaintiff, full conversant with the facts of this and
application and the same have been drafted according to my instructions.

2.                          That the contents of the memo of plaint and application may be treat
as part and of the affidavit.

3.                          That whatever stated above is true and correct to the best of my
knowledge and belief.
Karachi.
Dated:___/___/____.                                                                
DEPONENT.
The deponent is identified by me.
S.M. Zubair
ADVOCATE.
                                             SOLEMNLY AFFIRMED Before me at Karachi on this ---- th day of ---------- 2002, by the Deponent abovenamed who is identified by Mr. SM ZUBAIR Advocate who is known to me personally.
COMMISIONER FOR TAKING AFFIDAVITS.

IN THE COURT OF ____  CIVIL  JUDGE   KARACHI  EAST
Civil Suit No.     /02.



Muhammad Pervaiz        .………………………………….        PLAINTIFF.


VERSUS


Sohana Masih & others        …………………………..         DEFENDANTS.

PROPOSED ISSUES


1.                  Whether the Defendant is deliberately avoiding to cause/get executed Sale Deed in respect of the said Plot/property?

2.                  Whether the Plaintiff is entitled to Grant permanent injunction directing the Defendant, his friend(s), attorney(s), servant(s), subordinate(s), legal heirs, agents, representatives or any other persons acting on his behalf or claiming through them, from harassing humiliating the Plaintiff by way of sending his men for getting or taking the house hold articles or dispossess from the said Plot/property by way of using force and extending threats.

3.                  Whether the Defendant be restrained from effecting any transaction/ Mutation/Transfer or creating any third party's interest in the said Plot/property.

4.                  Whether Mandatory injunction be granted directing the Defendant to cause/get executed Sale Deed in respect of the said Plot/property?

5.                  Whether the Nazir of the Court be directed to cause Transferred/Mutated in the name of the Plaintiff?

6.                  Whether the Plaintiff is entitled as to the costs and at what extent?

Karachi.
Dated: - 
S.M. Zubair
Advocate  for the Plaintiff