Suit for Cancellation of Documents

IN   THE   COURT   OF   DISTRICT   JUDGE   KARACHI ______  

Civil Suit No.___/04

     

Muhammad AAMIR

Son of Meraj Ahmed,

Muslim, adult, R/O. R-915,

Sector 15/A,

Buffer Zone,

North Karachi,

Karachi.                                   …………………………..                  PLAINTIFF

VERSUS

1.                              Muhammad NAEEM

Son of Haji Muhammad Yousuf,

Muslim, adult, R/O. Flat No.8,

Mannan Mansion,

Soldier Bazar,

Karachi.

2.                  Muhammad NASIM

Son of Muhammad Usman,

Muslim, adult, R/O.  House No. A-29,

II nd. Floor, Block-13/D,

Gulshan-e-Iqbal,

Karachi.

3.                  Muhammad RIAZ

Son of Shaukat Ali,

Muslim, adult, R/O.  House No. A-29,

II nd. Floor, Block-13/D,

Gulshan-e-Iqbal,

Karachi.                                   ………………………….                   DEFENDANTS

SUIT FOR CANCELLATION OF DOCUMENTS

               The Plaintiff, abovenamed, submits as under: -

1.}       That, on 18-08-1999, the Plaintiff was firstly inducted as a Tenant and the Plaintiff paid an amount of Rs.11,50,000/= (Rupees Eleven Lacs and Fifty Thousand only) as the Refundable Security and the monthly rent was mutually agreed as Rs.200/=.

Photocopy of the Tenancy Agreement dated 21-10- 2003 is enclosed herewith & marked as Annexure “P/1.”

2.}       That the Plaintiff paid the said rent regularly and fulfilled all the demands of the Defendants No.1 to 3, but the Defendant No.1 through the help and cooperation of the Defendant No.2 & 3 and harassed the Plaintiff by adopting the tactics and excuses.

3.}       That   the Defendant No.1, against the Plaintiff, filed an APPLICATION UNDER SECTION 15 SRPO 1979 before IIIrd. Rent Controller Karachi East, vide a Rent Case No.329/2002 in which the Defendant No.1 submitted that:

i)                    That the premises was rented out to the Opponent in the year 1999 by virtue of tenancy agreement of Rs.8000/= p.m. of the 1^st. Floor of the said Premises against a sum of Rs.50,000/= as fixed deposit refundable at the time of vacation. (Photo copy of tenancy agreement and receipt are annexed herewith and marked as Annexure A and A-1).

ii)                  That the Opponent paid the Rent till Feb, 2002 and thereafter failed to pay the rent inspite of repeated requests the Opponent always made false promises and did not paid the rent and in arrears of rent since 1.3.2002 till date.

iii)                That the Opponent has committed willful default in payment of rent in respect of tenancy premises and is a difficult tenant and is liable to be ejected.

iv)                That the cause of action accrued when the premises was rented out to the Opponent & thereafter from time to time & finally when the Opponent failed to pay the rent after Feb 2002, and is still continued till filling of this application. 

Photocopy of the Application U/S.15 SRPO 1979 in Rent Case No.329/2002 dated 13-8- 2002 is enclosed herewith & marked as Annexure “P/2.”

4.}       That the Plaintiff filed his WRITTEN STATEMENT on ________ 200_ , in which the Plaintiff denied vehemently the contents of the Plaint, so the said Rent Case was dismissed consequently.

Photocopy of the WRITTEN STATEMENT, filed by the Plaintiff, on ________ 200_ , & dismissal Order passed by the Trial Court, are enclosed herewith & marked as Annexure “P/3 & P/4” respectively.

5.}       That the allegation leveled in the Said Rent Case and enclosed therewith as Annexure “A & A/1” were forged, frivolous, fabricated and concocted documents and the Plaintiff never signed document filed and relied on by the Defendant No.1. While real facts are as mentioned in Para No.1 of this Plaint.

6.}       That the Plaintiff and the Defendant No.1 entered into an agreement to Sell on 30^th August, 2003, and whereas the Plaintiff was agreed to sell/assign and the Defendant agreed to purchase/acquire A/-29, Block 13-D/3, First Floor, Gulshan-e-Iqbal, Karachi, against the lump sum Sale consideration of Rs.11,50,000/= (Rupees Eleven lacs & Fifty Thousand only).           

Photocopy of the Sale Agreement dated 30^th August, 2003 is enclosed herewith & marked as Annexure “P/5.”

4.}       That the act & omission of the Defendant No.1 through the help of the Defendant No. 2 & 3 , 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 is liable to compensate the Plaintiff.

5.}       That cause of action arose firstly when the Defendant No.1 to 3 filed a Rent Case #329/02 and coupled the forged Tenancy Agreement and Receipt thereof in respect of the said property and then despite continuous verbal reminders and requests to destroy/cancel the said documents and then lastly when the Defendant No.1, on instigation of the Defendant No.2 & 3 refused flatly to pay & continuous day to day till today. Hence this suit.

 6.}      That the Defendant No.2 & 3 resides in the said Property within and 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.50,000/= being the value of the documents filed/enclosed therewith, so prescribed Court fee has been affixed as per law,

PRAYER

             Under the circumstances, it is respectfully prayed that This Hon'ble Court may be pleased to pass a judgment & Decree in the above suit in favour of the Plaintiff & against the Defendant No.1 to 3, as follows:-

a)            To direct the Defendant No.1 to 3 to produce the said Annexures “A & A/1” the documents filed/enclosed therewith in the said R.C # 329/02 and they still possess the same and to adjudicate them void and cancelled.

b)            To restraint the Defendants to create third party regarding the said Property by selling the same or any other means regarding the ownership of the said Property.

c)            Costs of the Suit.

d)           Passing any other order (s) or relief (s), which this Hon’ble Court deems just, fit & proper under the circumstances of the case.

                   Prayed accordingly in the interest of justice.

Karachi:

Dated:       /04/2004.                                                              

PLAINTIFF

 

S.M. ZUBAIR

ADVOCATE for the Plaintiff

VERIFICATION

                                      I, Muhammad AAMIR Son of MERAJ Ahmed, 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 Urdu too and he/she 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 DEFENDANTS          :   AS PER TITLE OF THE SUIT.

FOR SERVICE.

ADDRESS OF THE COUNSEL        :    AS PER VAKALATNAMA.

FOR THE PLAINTIFF.