Suit for Specific Performance, Cancellation of Documents, and Permanent Injunction

IN THE COURT OF ____  CIVIL  JUDGE   KARACHI  CENTRAL

C.S.NO.     /2001

NAHID       ……………………………….........……             Plaintiff

VERSUS 

FAIZA & Others     ……………….………........…                Defendants

SUIT  FOR  SPECIFIC  PERFORMANCE AND 

CANCELLATION & PERMANENT INJUNCTION

                The Plaintiff abovenamed most respectfully submits as under: -

1.)               That the Defendant No.1 was the owner of Plot No. Karachi.

2.)               That the Plaintiff entered into an agreement with said Defendant No.2 for the purpose of the said Plot against a sale consideration of Rs.200,000/= (Rupees two lac only) on the terms and conditions described in details in the agreement of sale executed on 13-12-2000.

Copy of Agreement with attached as Annexure “A” to “A-3”.

3.)               That in performance of the aforesaid Agreement, the Plaintiff paid the amount to the Defendant No.2 and he handed over its possession to the Plaintiff.

4.)               That at the time of sale the Defendant No.1 did not disclosed that any part payment is due to the Lessor (Defendant No.3) from whom the said Plot was purchased by the Defendant No.1 and when the Plaintiff made many request for execution of sale deed he made a verbal promise that for the execution of the Sale Deed in favour of the Plaintiff, he will do in accordance with the agreement, in addition to that, the Defendant No.2 assured that there is some money is due with the Defendant No.2 who is original lessor of the said Plot & from whom the Defendant No.1 purchased the said Plot and due to paucity of funds he is unable to approach the Defendant No.2 and when he will arrange the same he himself bring the Defendant No.2 at the Sub-Registrar office & Sale Deed will be executed in his favour and in this regard the Plaintiff given further Rs.100,000/= (Rupees  One Lac only) to the Defendant No.1 which he paid to the Defendant No.2  and Defendant No. 2 made promised with the Plaintiff and Defendant No. 1 that he will execute Sale Deed in favour of the Plaintiff.

5.)               That during this the Plaintiff constructed a house upon the said Plot and installed all the necessary amenities upon the Plot and no one come forward for any claim of the said Plot even Secretary of Welfare body also issued Certificate in the favour of the Plaintiff.

             Copies of the electricity and Sui-Gas bills are   attached herewith as Annexures “B/1 to B/4” respectively.

6.)               That on 27-5-2002 the Defendant No.1 unfortunately died and left behind the legal heirs mentioned in the title of the plaint so the Plaintiff approached them for performance of agreement/promise/assurance about the execution of Sale Deed,  but they did not cooperate in this regard  the Plaintiff also approached to the Defendant No.2 who himself made the promise to execute the Sale Deed & admitted receiving of further amount of Rs.100000/= (Rupees One lac only) from the Defendant No.1 given to him by the Plaintiff, but lingering the matter without any justification, while the Plaintiff is ready to pay him Further required amount alongwith  all expenditures.

Copies of death Certificate, sale agreement, Lease Deed, are enclosed herewith & marked as Annexure “C/1 to C/3 ” respectively.

7.)               That on 13-9-2003, it came to knowledge of the Plaintiff that the Defendant No.3 on the basis of false and forged Lease Deed initiated a suit proceeding bearing No.1400/99 before this Hon’ble Court & obtained a Decree of Ex-Parte without joining the Plaintiff & remaining Defendants as necessary party by way of fraud & misrepresentation, also without the jurisdiction & an Execution No.16/02 is also pending on the basis of said Decree, so the Plaintiff moved an application U/S.12(2) CPC which is pending for adjudication in which the Plaintiff inter-alia draw illegality of said forged Lease Deed produced by the Defendant No.3 even the one witness of said deed namely Atta-ur-Rehman who was kicked out due to Objectionable activities by the Muhalla people Trustees & Namazees on 04-02-1983 but in said deed which is executed on 11-12-1997 shown as residence of same mosque/address.

                             Copies of Lease Deed & Declaration of Trustees are attached as Annexures D/1 & D/2 respectivly.

8.)               That the Plaintiff has fully apprehension that the Defendants may create any third party interest about in question Plot/House of the Plaintiff which is also given a self-made number as “148” by the Defendant No.3 & said Deed can also used for other illegal pupose against the interest of the Plaintiff,  so its production before this Hon’ble Court and cancellation is necessary  beside this the Defendant No.1 & 2 are also duly bound to perform their deities, obligations  in accordance with the agreed conditions/promise and assurance.

9.)               That as per Agreements (annexure “A”),  the Plaintiff is the bonafide purchaser of the Plot in question & the Defendant s are duly bound to perform their legal duties, obligations, but they are failed to do so, Hence this suit.

10.)          That the cause of action accrued to the Plaintiff against the Defendant firstly on 13-12-200, when the Plot in question was purchased by the Plaintiff, during this when further payment made to the Defendant No.2 through the Defendant No.1 even finally on 13.9.03 when it came to knowledge  of the Plaintiff about forged and bogus deed made by the Defendant No.3 & is continue till the disposal of this suit within the jurisdiction of P.S. which is within territorial jurisdiction of this Hon’ble Court.

11.)          That for the purpose of Specific Performance,  the suit is valued at Rs.2,00,000/ /= for cancellation Rs.40,000/= & for the purpose of permanent injunction Rs.400/= which is paid accordingly.

PRAYER

     It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to pass judgment & Decree in favour of the Plaintiff as under: -

i)                               To direct the Defendant No1 & 2 for the part performance of the contract by way of registration of Sale Deed in favour of the Plaintiff in respect of Plot in question and/or direct the Nazir of this Hon’ble Court for the same.

ii)                            To direct the Defendant No.3 to produce the Lease Deed Dated before this Hon’ble Court may be pleased to cancel the same.

iii)                          To restraint the Defendants to create the third party interest regarding the Plot in question by selling the same or any other mean regarding the ownership of the said Plot in question.

iv)                          Costs of the suit.

 Karachi.

Dated:

Plaintiff

SM ZUBAIR

Advocate