IN THE COURT OF ____ CIVIL JUDGE KARACHI EAST
Civil Suit No. /02.
Muhammad Pervaiz son of
Dost Muhammad, Muslim, adult,
R/o. B-812, Deh Sharafi, future Colony,
Near Rashan ShopNo.1585, Landhi,
Karachi. .………………………………….......... PLAINTIFF.
VERSUS
1. Sohana Masih son of
Hayat Masih, Christian, adult,
Resident of 87/247, Block-I,
Future Colony, Landhi,
Karachi.
2. Mukhtiarkar,
Landhi Town at Qaidabad,
Karachi.
3. Deputy Settlement Commissioner
At Govt. of SINDH, Revenue
Situated at near Utility Store
High Court Branch,
Karachi. ….......…………………………… DEFENDANTS.
SUIT FOR SPECIFIC PERFORMANCE AND
CANCELLATION & PERMANENT INJUNCTION
The Plaintiff abovenamed begs to submit as under: -
1.) That the Plaintiff purchased the Plot No. 87, Block-I, N.No.247,
Deh Sharafi, Karachi, Landhi, Karachi, measuring 142 Sq. yards from the Defendant No.1 on 15.05.1985, in consideration of Rs.40,000/=(Rupees Forty Thousands only) and the possession was handed over to the Plaintiff already. Photocopies of the Sale Agreement and paid bill of K.E.S.C is annexed herewith and marked as Annexure "A" & “B” respectively.
2.) That on 5.10.2002, some unknown persons came on the said Plot
to dispossess the Plaintiff from the said Plot which is under possession of the Plaintiff since 15.5.1985, the said unknown persons ordered to vacate the said Plot within one month because they have purchased the said Plot from the Defendant No.1, otherwise they will take away all house hold articles, the Plaintiff reported to concern Police Station but refused to lodge the FIR.
3.) That on 13.10.2002, the said unknown ghunda elements came again
and repeated their demand to vacate the said Plot/property and threatened if the Plaintiff will not do so then be ready to face the dire consequences now the Plaintiff has danger to be dispossessed.
4.) That the Plaintiff had a recourse to the Defendant No.1 to execute the
Agreement severely and in different times and asked for why the said unknown persons are coming to harass the Plaintiff and extending threats for dire consequences, and they purchased the said Plot/property in existence of prior Sale Agreement executed between the Plaintiff and the Defendant No.1, but the Defendant No.1 satisfied the Plaintiff and said he will comply with his Agreement, in this respect last legal notice was also served to the plaintiff on ___/___/___, but he is avoiding deliberately to see the Plaintiff and now he has refused flatly, the Plaintiff applied and made application to the Defendant No.2, on 1.12.2002, for transfer of the said Plot/property No.87, Block-I, N.No.247, Deh Sharafi, Landhi, Karachi, but the Defendant No.2 did not so and issued a letter to the Defendant No.3 for confirmation, but inspite of repeated visits and reminders the Defendant No.2 & 3 are not proceeding with the matter further. the Photocopy of the legal notice is annexed herewith and marked as annexure "C".
5.) That under the circumstances mentioned above there is no other
efficacious remedy available with the Plaintiff except to knock the door of this Hon'ble Court. Hence this suit.
6.) That the cause of action accrued to the Plaintiff against the
Defendants firstly when the Plaintiff purchased the said Plot/property, secondly when the said unknown persons came to dispossess the Plaintiff from the said Plot/property and lastly and extending threats day by day.
7.) That the Defendant No.1 is the necessary party when he sold out the
said Plot/property to the Plaintiff in consideration of Rs.40,000/=(Rupees Forty Thousands only) full and final payment and physical possession has been handed over to the Plaintiff on 15-5-198 to sell the said Plot/property to any other person shows malafide intention of the Defendant No.1, while the Defendant No.2 & 3 are the authority to mutate/transfer in the name of the Plaintiff in the records of the owners of the properties of which is maintained by it.
8.) That for the purpose of jurisdiction & court fee the suit is valued at Rs.40,000/= for Specific Performance, Permanent & Mandatory Injunctions and hence no court-fee is required to be paid, it is a settled principle of law that the Plaintiff can be permitted to affix the court fee after the Decree in a suit is drawn. Therefore, the Plaintiff undertakes to pay the court fee after the Decree is drawn, in case this Hon'ble Court is of the opinion that the Plaintiff is entitled to more compensation than claimed.
9.) That the said Plot/property in question is situated within the local
Limits of P.S. Landhi, which is within jurisdiction of this Hon'ble Court.
P R A Y E R
Therefore, Under the circumstances, it is respectfully prayed that This Hon'ble Court may be pleased to pass a judgement & Decree against the Defendants in favoure of the Plaintiff in the above case as follows:-
a) Directing the Defendant No.1 to cause/get executed Sale Deed in respect of the said Plot/property.
b) Grant permanent injunction directing the Defendant No.1, his friend(s), attorney(s), servant(s), subordinate(s), legal heirs, agents, representatives or any other persons acting on his behalf or claiming through them, from harassing humiliating the Plaintiff by way of sending his men for getting or taking the house hold articles or dispossess from the said Plot/property by way of using force and extending threats.
c) Restraining the Defendant No.1 to 3 from effecting any transaction/ Mutation/Transfer or creating any third party's interest in the said Plot/property.
d) Grant Mandatory injunction directing the Defendant No.2 & 3 to be Transferred/Mutated in the name of the Plaintiff.
e) Directing Nazir to cause Transferred/Mutated in the name of the Plaintiff.
f) Grant mandatory injunction in favoure of the Plaintiff against the Defendant No1 to 3.
OR
IN THE ALTERNATIVE;
g) Directing the Defendant No.1 to pay Rs.5, 00,000/- to the Plaintiff on account of breach of contract & damages, in case This Hon'ble Court of the opinion that the plaintiffs are entitled to damages more than claimed, permitting the Plaintiff to pay Court fee after the Decree is drawn.
h) Granting costs of the suit.
i) Grant any other relief or reliefs which This Hon'ble Court may
deem fit and proper under the circumstances.
j) Passing any other order or orders deemed just, fit & proper
under the circumstances of the case.
Prayed accordingly in the interest of justice.
Karachi.
Dated;___/___/2002.
PLAINTIFF
S.M.ZUBAIR
ADVOCATE FOR THE PLAINTIFF
VERIFICATION
I, Muhammad Pervaiz son of Dost Muhammad, Muslim, adult, R/o. Karachi, do hereby state on oath and Verify that whatever has been stated above in the above paras are true and correct to the best of my knowledge and belief.
Karachi.
Dated: . .02.
DEPONENT
The deponent is Identified by me.
S.M. ZUBAIR
ADVOCATE.
SOLEMNLY AFFIRMED Before me at Karachi on this ---- th day of ---------- 200-- , by the Deponent abovenamed who is identified by Mr. SM ZUBAIR Advocate who is known to me personally.
COMMISIONER FOR TAKING AFFIDAVITS.
Documents filed. : Annexure "A" to " ".
Documents relied upon : All relevant documents.
Address of the Plaintiff : As mentioned in Title.
Address of the Plaintiff's Counsel. : As mentioned in Vakalatnama.
IN THE COURT OF ____ CIVIL JUDGE KARACHI EAST
Civil Suit No. /02.
Muhammad Pervaiz .…………………………………. PLAINTIFF.
VERSUS
Sohana Masih & others ………………………….. DEFENDANTS.
APPLICATION UNDER ORDER 39 RULE 1 & 2 CPC
It is respectfully prayed on behalf of the Plaintiff that this Hon'ble Court may be pleased to grant interim injunction restraining the Defendant No.1 to 3 and their supporters, friends, legal heirs, representatives not to sell, dispossess, harassing, humiliating the Plaintiff by way of sending his men for getting the possession or house hold articles to the Plaintiff.
Ad-interim orders solicited in chamber in chamber.
It is prayed in the interest of justice.
Karachi.
Dated:___/___/02.
S.M. ZUBAIR
Advocate for the Plaintiff
IN THE COURT OF ____ CIVIL JUDGE KARACHI EAST
Civil Suit No. /02.
Muhammad Pervaiz .…………………………………. PLAINTIFF.
VERSUS
Sohana Masih & others ………………………….. DEFENDANTS.
AFFIDAVIT IN SUPPORT OF
INJUNCTION APPLICATION.
I, Muhammad Pervaiz son of Dost Muhammad, Muslim, adult, R/o. Karachi, do hereby state on oath as under:-
1. That I am the Plaintiff, full conversant with the facts of this and
application and the same have been drafted according to my instructions.
2. That the contents of the memo of plaint and application may be treat
as part and of the affidavit.
3. That whatever stated above is true and correct to the best of my
knowledge and belief.
Karachi.
Dated:___/___/____.
DEPONENT.
The deponent is identified by me.
S.M. Zubair
ADVOCATE.
SOLEMNLY AFFIRMED Before me at Karachi on this ---- th day of ---------- 2002, by the Deponent abovenamed who is identified by Mr. SM ZUBAIR Advocate who is known to me personally.
COMMISIONER FOR TAKING AFFIDAVITS.
IN THE COURT OF ____ CIVIL JUDGE KARACHI EAST
Civil Suit No. /02.
Muhammad Pervaiz .…………………………………. PLAINTIFF.
VERSUS
Sohana Masih & others ………………………….. DEFENDANTS.
PROPOSED ISSUES
1. Whether the Defendant is deliberately avoiding to cause/get executed Sale Deed in respect of the said Plot/property?
2. Whether the Plaintiff is entitled to Grant permanent injunction directing the Defendant, his friend(s), attorney(s), servant(s), subordinate(s), legal heirs, agents, representatives or any other persons acting on his behalf or claiming through them, from harassing humiliating the Plaintiff by way of sending his men for getting or taking the house hold articles or dispossess from the said Plot/property by way of using force and extending threats.
3. Whether the Defendant be restrained from effecting any transaction/ Mutation/Transfer or creating any third party's interest in the said Plot/property.
4. Whether Mandatory injunction be granted directing the Defendant to cause/get executed Sale Deed in respect of the said Plot/property?
5. Whether the Nazir of the Court be directed to cause Transferred/Mutated in the name of the Plaintiff?
6. Whether the Plaintiff is entitled as to the costs and at what extent?
Karachi.
Dated: -
S.M. Zubair
Advocate for the Plaintiff
No comments:
Post a Comment