Suit for Declaration and Possession

IN  THE  COURT  OF  _____ CIVIL  JUDGE  KARACHI  SOUTH.

SUIT NO. 181/1994.

Syed Amjad Ali        …………………………………………………             PLAINTIFF.

VERSUS.

1.        Syed Inayat Ali.

2.        Dr. Syed Wajid Ali

Having his clinic in name of Shams Clinic,

6/404, Liaqatabad, Karachi.    ………………………………………...       DEFENDANT.

SUIT FOR DECLARATION AND POSSESSION

VALUED AT RS.150,000/= INJUNCTION VALUED AT

RS.400/= AND MESNE PROFIT/COMPENSATION

VALUED AT RS.600/= PER MONTH.

 

                            The Plaintiff abovenamed begs to submit as under:-

1.          That the Plaintiff & the Defendants are the real brothers & sons of late Mst.

Amna Bi widow of Syed Shaukat Ali.

2.          That Mst. Amna Bi died at Karachi on 1.6.1981 leaving behind among others the

Plaintiff and the Defendants as her surviving legal heirs. A Photocopy of the death Certificate is annexed herewith and marked as Annexure "P/1".

3.         That Mst. Amna Bi was allotted a plot of land bearing Quarter No.  , measuring

90 yds. Situated in Liaqatabad, Karachi, in respect of which the deceased mother had decided that the said Plot/property along with the constructions raised thereon would be the joint property of the Plaintiff and the Defendants together and that they would be the Successor in interest of the said Plot/property after her death. A Photo copy of the allotment oredr bearing and Photo copy of the Registrar Lease deed ---- are annexed herewith and marked as Annexure "P/2 & P/3".

4.        That after the death of the mother the Plaintiff and the Defendants came into

possession jointly of the suit property with building thereon according to the wishes of the mother. By mutual consent and understanding to the Plaintiff became incharge of the suit property.

5.        That in the year 1989 the Plaintiff and the Defendants had voluntarily reached a

family settlement to the effect that the above suit property with building thereon be given exclusively to the Plaintiff and the Defendants should relinquished their shares, claims, rights in respect of the above suit property in favoure of the Plaintiff.

6.        That according both the Defendants together executed a Deed of Relinquished in

favoure of the Plaintiff in the year1989 and presented the same for Registration in the office of the sub-registrar, T-Division, Karachi on 25.2.1989. A Photo  copy of the  certified copy of the Registered Deed of relinquishment bearing Regitration No. 903 dated 25.2.1989 is annexed herewith and marked as Annexure "  ".

7.        That both the Defendants have agreed that from the date of execution of Deed of

Relinquishment the Plaintiff will be the exclusive and absolute owner of the said Plot/property and the Defendants would give no objection at the time when the Plaintiff intends to transfer/mutate the said Plot/property in the records of right. the Defendants had handed over the original documents of title of the said Plot/property and also the charge of the property to the Plaintiff.

8.        That in the year 1992 the Plaintiff was in difficulties, crises and loses of business and

he therefore intended to mutate and sell the said Plot/property. the Plaintiff was surprised to note that the documents of Title of the said Plot/property were missing from his room and the Plaintiff also observed charges in the attitudes of the Defendants `who appear to have intention to take back the charge, control and management of the said Plot/property from the Plaintiff without any justification.

9.        That the Plaintiff never suspected the bonafides of the Defendants but any how he

made inquiries about the missing documents of the said Plot/property from the Defendants and the Defendant No.2 admitted that he has taken back original documents of title of the said Plot/property from the room of the Plaintiff.

10.    That the Plaintiff immediately requested the Defendants 2 to return the original

documents of title of the said Plot/property as the Plaintiff wanted to get the property transferred in his name and then to sell the same afterwards.

11.    That in the month of November 1992 the Key of vacant portion of the said

Plot/property on ground floor was taken by the Defendants on the pretext that he be permitted to occupy that portion for some time for his temporary residence. the Plaintiff gave the key of that portion to the Defendants without any hitch he being the real brother.

12.    That the Defendants betrayed the confidence of the Plaintiff and took over the

possession of a adjoining vacant portion of the said Plot/property on ground floor, and gave its possession to the Defendants without the consent of the Plaintiff. The Plaintiff had raised objection over this act. The Defendants is using that portion illegally on ground floor as his Clinic.

13.    That in the month of September 1993 the Defendants further conspired together, got

vacated a portion on first floor from the tenant ------ and in Exchange thereof gave possession of first floor vacated by the tenant was given in possession to ----- brother-in-law of the Defendants without the consent of the Plaintiff. The Plaintiff had also raised objection on this change but no avail.

14.    That the Defendants avoided to return the documents title of the said Plot/property on

one pretext or other finally in the motnh of October 1993 he refused to return the documents and said that in the said Plot/property both the Defendants claimed their shares..

15.    That the suit property consist of ground floor, first floor comprising in all six tenaments. One tenement on ground floor is occupied by the Defendants who is using as his clinic.

16.    That another portion on ground floor is in occupation of a tenant and the Defendants is realizing its rents from the tenant who is running a karkhana of Chappal making.

17.    That one first floor is occupied by the Defendants himself and the 2^nd portion on the

first floor is let out to a tenant namely Nazimuddin.

18.    That both the portions on 2nd floor are also let out to tenant on rent without the

consent and permission of the Plaintiff and both the Defendants are realizing rents from the tenants.

19.    That the Defendants are using the said Plot/property of the Plaintiff wrongfully and

they are also realizing the rents from the tenants and the Plaintiff is entitled to recover compensation from the Defendants jointly and severlly at Rs.4600/- per month from the month of November,1992 to the date of institution of the suit and also further and further mesne profit/compensation untill reccvery of possession of the said Plot/property.

Karachi.

Dated:

PLAINTIFF

Identified by me

S.M. Zubair

Advocate