IN THE COURT OF DISTRICT JUDGE KARACHI CENTRAL
S.M.A No. 300/03
Iftikhar Ali Khan ……………………………… PETITIONER
Mst. Mehrunnisa ……………………………… OBJECTOR
OBJECTIONS ON REPLY
I, Mst. Mehrunnisa widow of , resident of Karachi. Do hereby state on oath as under: -
1) That I am the Objector in the above matter as such fully aware with the facts of the case.
2) That the contents of the Reply filed by the Petitioner, above named, were read over and explained to me and I, having understood the same, thus, submit my reply as under: -
3) That the contents of Para No.1 & 2 of the Reply need not reply.
4) That the contents of Para No.3 are denied vehemently, and it submitted that the Gift Deed made by the deceased in favoure of the Objector with regard to his property in question is valid document and it is denied that the said Gift Deed is forged, managed and engineered one, the said Gift, and the other allegations leveled in this Para are denied in toto.
5) That the contents of Para No.4 allegations leveled in this Para are denied vehemently, the Objector set forth in her Objections, relevant facts, she reiterate that whatever stated in main objections and the subsequent objections.
6) That the contents of Para No.5 are denied vehemently.
7) That with regard to the contents of Para No.6 with regard to the shares of the Petitioner be disallowed.
8) That whatever stated above is true correct to the best my knowledge and belief.
Karachi.
Dated:----/----/04.
OBJECTOR
Identified by me.
SM ZUBAIR
Advocate for the Objector
Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent above named who is identified by Mr. SM 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
IN THE COURT OF DISTRICT JUDGE KARACHI CENTRAL
S.M.A No. 300/03
Iftikhar Ali Khan ……………………………… PETITIONER
Mst. Mehrunnisa ……………………………… OBJECTOR
AFFIDAVIT IN REJOINDER
I, …………….. , Karachi. Do hereby state on oath as under: -
1.> That I am The Petitioner in the above matter as such fully aware with the facts of the case.
2.> That the contents of the Objections filed by the objector abovenamed were read over and explained to me and thus I submit my reply as under:-
3.> That the contents of Para No.1 of the Objections need not reply.
4.> That the contents of the Para No.2 of the Objections are denied vehemently that the Objector is only surviving legal heir of the Deceased. It is also denied that the deceased made Gift Deed in favour of the Objector on 19-4-1990 with regard to his property in question, the said Gift Deed is forged and managed one, the said Gift is neither registered nor the same is a declaration confirmation gift, the signature of the deceased has been manipulated by the Objector. The annexure “A ” does not bear the numbers of the NIC of the deceased and of the witnesses. The property in question bearing No. 2/5, Liaqatabad, Karachi. Was not free from lien on ___, the deceased had obtained money amount to Rs.81,000/=(Rs.) from HBFC in the year 1989 having deposited the title documents of the property in question & that the said deceased was depositing the monthly installments in this regard till Oct-2001 (Copies of acceptance Dated: - , ………., however it is admitted that the Objector is residing in the half portion of the property in question with the deceased during his life time.
5.> That the contents of the Para No. 3 need no reply.
6.> That in reply to Para No.4 of the objections, it is submitted that The Petitioner has truly set forth the real and true facts in Para No.5, 6 of his SMA, the deceased has executed the said agreement dated.., the Deceased has executed the said agreement & the legal notice annexure “E” remained un-replied, the Objector has to prove strict proof thereof.
7.> That the contents of the Para No.8 the Objections, it is submitted that The Petitioner has stated/mentioned the relevant & true facts in the Para 8 of his above application /petition. the Objector has to prove strict proof thereof.
8.> That in reply to prayer column of the Objector, it is submitted that the Objector is not entitled for the relief asked by her, she is entitled to the extent of her share in the property in question, however it is pertinent to mention here that the Objector did not file any petition for the grant of letter of administration till dated in spite of the facts that her husband expired on 10.11.01 and that the Objector has failed to disclose the reasons in this regard.
9.> That in addition to the above, it is submitted that the Objector has not come with clean hands before this Hon’ble Court, she has malafide intention against The Petitioner and other share holders, she is bent upon to usurp the entire property in question, annexure “A” submitted with objections is forged, managed & engineered one, the contents thereof are far beyond from the real & true facts, the deceased had not sent any money to his wife, while he was serving in Iraq, he used to send money to his one cousin, the deceased did not make any assertion or declaration of any sort with regard to any gift or declaration of any gift deed during his life time before & amongst his relatives or any of his relatives although the Objector was repeatedly asking him for the gift but he always refused to do so. the Objector on some occasions made & created disputes/quarrels with the deceased in this regard but the deceased firstly refused to sign/execute any gift or to transfer the property in question in the name of the Objector, it will be further pertinent to say that the Objector abovenamed for the purpose of obtaining the title documents from the HBFC, has given power of attorney alongwith other co-sharers, in favoure of The Petitioner in June,2002, but wherein she did not disclosed anything with regard to gift.
In the last, it is further respectfully submitted that the annexure “A” to the Objections is not a legal, authentic & relevant valid document thus the same has got no legal force in it, further according to knowledge and belief of The Petitioner, the HBFC has not executed Redemption Deed so far the title document with regard to the property in question are lying with the HBFC, from which the deceased had taken money as investment on income sharing basis/partner, thus the said document does not merit for any consideration, thus the said forged document is a vague and bogus claim, which does not merit for any consideration and the same is liable to be dismissed, thus The Petitioner in view of above submission prays that the claim of the Objector may kindly be dismissed with costs to The Petitioner and petition may kindly be allowed.
10.> That whatever stated above is true and correct to the best of my knowledge and belief.
Karachi.
Dated: 13.1.2004.
Objector
The Petitioner identified by me
SM. ZUBAIR
Advocate for Objector
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