IN THE COURT OF IVTH SR. CIVIL JUDGE
AT KARACHI EAST
(Civil original Jurisdiction)
Civil Suit #. /2005
Mrs. Kishwar Zehra
Central Government Employees
Co-operative Housing Society,
Sector – III, Faisal Cantt, Karachi,
Through attorney,
Dr. Munawar Hussain
Karachi. .…..………….……….……..…. Plaintiff
VERSUS
Cantonment
Board Faisal,
Through
its Executive Officer,
Shahrah-e-Faisal,
Karachi. ………………… Defendant
SUIT FOR PERMANENT INJUNCTION
The plaintiff through her attorney
begs to submit as under: -
(Photo stat
copy power of attorney is enclosed herewith and marked as ‘A’).
1. That the
plaintiff is lawful owner of Plot # B-15, Survey # 118/1, Block-19, Central
Government Employees Co-operative Housing Society, Sector – III, Faisal Cantt,
Karachi and she was allowed to erect a boundary wall by the defendant vide its
letter No. 14/J/B-15/Block-B/Sy.118/1/1946 dated 17th May, 1995.
(Photo stat copies of letter dated 17th May, 1995, site plan and
receipt of payment are enclosed herewith and marked as ‘B’, ‘C’ and ‘D’).
2. That the
Plaintiff in view of the permission of the defendant raised boundary wall but
all of sudden, the defendant vide his letter dated -12-2005, directed the
plaintiff to submit the documents regarding permission, which was replied by
the plaintiff. (Photo stat copies of both the letters are enclosed herewith and
marked as ‘E’ and ‘F’).
3. That the
defendant vide its letter No. 14/J/B-15/Block-19/Sy.118/1/1826 dated 02nd December, 2005,
directed for joint survey of the plot on 10-12-2005 at 11:00 am. This letter was received through watchman on 09-12-2005 and since the
plaintiff was out of Karachi
so she requested to fix another occasion for the purpose and written requested
was received in the office of defendant. (Photo stat copies letter dated 02-12-2005 and 10-12-2005 are enclosed
herewith and marked as ‘G’ and ‘H’).
4. That to
the utmost surprise of the plaintiff on the same day that was 10-12-2005, another letter
was received by the watchman present at site for demolition within 3 days. The
main important fact is that this letter was signed by someone as Cantonment
Executive Officer but letter received to plaintiff dated 02-12-2005 was signed
by Cantonment Executive Officer but signature on both the letters are quite
different and it can be said that there is only one Executive Officer in the
office of defendant but both the letters were signed by different person, it
means that at least one letter either first or second has been signed by the
Cantonment Executive Officer and not the other and neither the Cantonment Board
as the Board or the Executive Officer has authority to delegate power for
signing of such important notice. (Photo stat copy of notice dated 10-12-2005 in enclosed
herewith and marked as ‘I’).
5. That
initial notice under section 185 is issued by the Board in writing and in the
definition of the Board, Cantonment Executive Officer may be terms as officer
of the Board but notice under section 185 has not been signed by the same
person, who sign the earlier notice, it prima facie shows that this notice was
not signed by the Cantonment Executive Officer and this is mockery with law.
6. That
above discussion shows that notice of the defendant dated 10-12-2005 is abio
intio, illegal and not according to the requirement of law and at the most any
illegal construction if is found either it can be demolished or regularized on
payment but this is not the case in which life of somebody was taken away and
the defendant was in so haste by serving such vague type of notices that the
same is signed by anybody sitting at any corner of the defendant’s office.
7. That
there is sever apprehension that the defendant shall demolish legal
construction of the plaintiff in haste full manner and this is absolutely
against the spirit of law and requires interference of the Honorable Court as
it is duty of the court to struck down the illegal actions of the Government
machinery and protect the civil right of the citizens.
8. That the
cause of action accrued to the plaintiff against the defendant on 10-12-2005,
when notice for demolish was received to the watchman of the plaintiff and the
same remained to continue day to day till the filing of this suit within the
local limits of Police Station Shahrah-e-Faisal, Karachi East, which is within
the territorial jurisdiction of this Honorable Court.
9. That
suit for the purpose of jurisdiction and court fee is valued at Rs.200/- for
which no court fee is required to be paid.
P R A
Y E R
The
plaintiff therefore prays for judgment and decree in her favor and against
defendant as under:-
a)
Permanently restrain the defendant, its person (S),
agents attorneys or any body else working for it and on its behalf from taking
any coercive action regarding construction raised on Plot # B-15, Survey # 118/1, Block-19, Central
Government Employees Co-operative Housing Society, Sector – III, Faisal Cantt,
Karachi, without due course of law.
b)
Cost of the suit.
c)
Any other equitable relief (S) as this Honorable Court
may deem fit and proper according to the circumstances of the suit.
Karachi PLAINTIFF
Dated:13-12-2005
V E R I F I C A T I O N
I, Dr. Munawar Hussain son of Tasawar Hussain, Muslim adult, resident
of House # ST 1/H, Hilal-e-Ahmar House, Block-7, Clifton, Karachi / attorney of
the plaintiff above named do hereby verify on oath that whatever has been
stated above from paragraph 1 to 7 are true and correct to the best of my
knowledge, information and from paragraph 8 to 9 to the best of my belief.
Deponent
The deponent is identified
by me
Advocate
Oath administered before me by the deponent above
named at Karachi
on this 13th day of December, 2005, the deponent is identified to me
By Mr. M. Arif, Advocate, who is personally known to me .
Commissioner
for taking affidavit
ADDRESS OF PLAINTIFF FOR
SERVICE
Dr. Munawar Hussain
son of Tasawar Hussain,
Muslim adult, resident of
House # ST 1/H,
Hilal-e-Ahmar House,
Block-7, Clifton,
Karachi.
Karachi Advocate of the Plaintiff
Dated :13-12-2005
ADDRESS OF PLAINTIFF’S
COUNSEL FOR
SERVICE
740, Regal Trade Centre,
Regal Trade
Square,
Saddar, Karachi
Karachi Advocate
of the Plaintiff
Dated :13-12-
APPLICATION UNDER ORDER XXXIX
RULE 1 & 2 READ WITH SECTION
151, CODE OF CIVIL PROCEDURE
On consideration of facts
and grounds set forth in the accompanying affidavit as well as in the memo of
plaint, it is most respectfully prayed on behalf of the plaintiff above named
that this Honorable Court may be pleased to grant injunction, restraining,
therein to the defendant, its person (s), agents or any body else working for him
and on its behalf from taking any coercive action regarding construction raised
at plot # B-15, Survey # 118/1, Block-19, Central Government Co-operative
Housing Society Sec. III, Faisal Cantt, Karachi, pending disposal of this suit.
An ad interim injunction is solicited mean while in
terms of main prayer in the greater interest of justice and equity.
Karachi. Advocate for the plaintiff
Dated:13-12-2005
A F F I D A V I T
I, Dr. Munawar Hussain son of Tasawar Hussain, Muslim
adult, resident of House # ST 1/H, Hilal-e-Ahmar House, Block-7, Clifton, Karachi, do hereby state on oath as under:-
1.
That I am
attorney of the plaintiff in the above matter, as such am fully conversant with
the facts there of.
2.
That the
accompanying application under order XXXIX Rule 1 & 2 read with section 151
Code of Civil Procedure has been drafted
and filed by my counsel under my specific instructions, contents there in are
true and correct.
3.
That plaintiff
has good prima facie case and balance of convince lies in her favor as the
defendant has hatched a policy to demolish construction raised by me over the
plot without listening, hearing and deciding the matter on merit malafidely and
there is sever apprehension that if protection is not granted, the defendant
shall take over the possession and for this right of the plaintiff will be
perversely effected.
4.
That for
the seek of brevity, I adopt the contents of accompanying application as well
as contents of main suit as an integral part and parcel of this affidavit and
in order to avoid duplication do not repeat the same.
5.
That plaintiff
shall be seriously prejudiced and shall suffer an irreparable loss, until
accompanying application is allowed as there is likelihood that I shall
succeeded in the matter.
6.
That
whatever stated above is true and correct to the best of my knowledge
information and belief.
Karachi
Dated:13-12-2005. DEPONENT.
Identified
by me .
Advocate.
Stated on Oath before me by the deponent at Karachi, on this 13th day of December, 2005, the deponent was
identified to me by Mr. M. Arif, Advocate, who is personally known to me.
Commissioner for taking affidavit.
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