Affidavit in Support of Application U/S. 12 (2) CPC

IN THE COURT OF SENIOR CIVIL JUDGE KARACHI …….....................................................…

SUIT NO.----/2004

Abdullah   …..........................................………………………………....……….…   APPLICANT

VERSUS

Zakar s/o. Bakar   …………......……..............................................…………………   RESPONDENT

AFFIDAVIT           

                 I, son of , Muslim, adult, R/O.  Karachi, do hereby state as under: -

1.                  That I am the Applicant/Intervener in the above matter and as such am fully conversant with the facts of the matter deposed herein.

2.                  That I say that the accompanying application under Section 12 (2) CPC R/W Section 151 CPC has been drafted and filed under my specific instructions. For the sake of brevity the contents of the same may please be treated as forming part of this Affidavit.

3.                  That I say that I am bonafide purchaser of half portion of Plot No. Drigh Rd, Karachi. through Sale Agreement dated  13-12-2002 from Shabbir Ahmed , consisting about 110 Square yards as the same Plot is divided into Two equal Parts, which is shown in this matter as Plot No. A-148, Block ‘A’ measuring 120 Square yards. Copy of Sale Agreement is annexed herewith as Annexure “A”.

4.                  That I say that after that, I have constructed the House on portion of Plot in question and also installed electricity and Sui-Gas connection in it. Copies of Bills are annexed herewith & marked as Annexures “B/1 & B/2” respectively.

5.                  That I say that the Defendant namely Shabbir Ahmed died in the year 2002 during the pendency of the proceeding of this matter & the Plaintiff, who is also Naib Nazim of same Union Council, also present in the burial/soium of the Defendant but not brought this fact in the knowledge and record of this Hon’ble Court and continue the proceeding just to achieve some evil aims. Copy of death Certificate is attached herewith as Annexure “C”.

6.                  That I say that being a resident of same locality & Naib Nazim of Union Council, it was in fully knowledge of the Plaintiff that the Plot in question is purchased by me from the Defendant & construction of my house consisting upon bed room alongwith kitchen, drawing and bathrooms were also made in the front of the Plaintiff but he never raised any Objection with me, neither reported the matter in concerned Police Station or any other authority about the illegal construction forcible possession of my even Defendant upon the said Plot, even not moved a single application before this Hon’ble Court during this long period which can justify/confirm this Hon’ble Court by appointing Commissioner. It is also pertinent to mention here that, the other portion of the said Plot is also a constructed house but deliberately, willfully with mala fide intention the Plaintiff concealed this fact from this Hon’ble Court.

7.                  That I say that the Plaintiff filed this suit on the basis of forged and manipulated lease deed which location is also entirely different from Page No.3 of Lease Deed & the Site Plan himself produced by the Plaintiff without making the party to the execution of this Deed either Lessor or Sub-Registrar nor produced one of them a Witnesses, it is also pertinent to mention here that the Plaintiff is also failed to produce himself before this Hon’ble Court for recording of his evidence with the original Lease Deed instead of this he only filed affidavit for ex parte proof without any order which is only is not permissible & no decree can be issued only on it even the same was also not the exhibit of the record of proceeding, & I have a option to file a case for cancellation of said false & forged Lease Deed,  it is also very interested that the so-called Lessor had shown the total area of his possession in Lease Deed is 14  Acres & 19 Ghuntas, but the Plaintiff obtaining instead of a Sub-Lease of 120 Square yards directly got the full Lease Deed which is also beyond the imagination as well as law of registration even the Witness of Deed is also bogus as due to his illegal & unreligious activities he was kicked out from the Mosque on 04-02-1993. Copy of Newspaper  is attached herewith as Annexure  “D“.

8.                  That I say that it has come to my knowledge on 13.9.2003 that proceeding in instant matter is pending by one Bailiff of this Hon’ble Court so without any delay I approached to this Hon’ble Court.

9.                  That I say that the value of Plot is about more than Rs.5,00,000/= (Rupees five lacs only), but he suggested value only Rs.40,000/= (Rupees forty thousand only) which is also out of the jurisdiction of this Hon’ble Court.

10.             That unless the accompanying application is not allowed I shall be prejudiced and bear irreparable loss, which cannot be measured monetarily.

11.             That whatever stated above is true and correct to the best of my knowledge and belief.

     

Karachi.

Dated: -                                                            

DEPONENT

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