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 Annexure “P/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 Annexure “P/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.
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