IN THE COURT
OF VII CIVIL JUDGE
AT KARACHI
Civil Suit No. / 2004.
Ahmed Ali Advocate ……………………….... Plaintiff
1.
Mrs. Nighat Rehman
2.
Abdul Rehman,
Having ShopOlympia
Thathai
Compound
SUIT FOR PERPETUAL INJUNCTION
The plaintiff above named implores as under:
1.
That the plaintiff is law abiding
citizen, advocate by profession and is bonafide member of Bar Council.
2.
That the defendant # 1 is wife of defendant # 2 and
she is landlady of Office of # 6 and 7 of Hemani Mansion M.A. Jinnah Road Karachi
3.
That the plaintiff is in possession
of the said offices since 1981 along with his senior , Mr. Aftab Kazilbash
advocate, presently expired as he died in October 2003.
4.
That the
plaintiff in fact is admittedly is in
possession of the said offices at a joint share holder of the law firm and in
May 1986, he got one licence of a revolver and three domicile certificates of
his children in June 2000 and in all these public documents plaintiff has given
the address of the said offices.
5.
That on
12-04-2003, the senior of the plaintiff
in order to avoid any complication of future executed a declaration stating therein that plaintiff is liable to
pay rent and other dues as he has handed over everything and key of the office
and he is entitled to use the office as he deem fit and proper.
6.
That on 24-01-2001 , defendant # 2 being a attorney of defendant
# 1 send a notice to Mr. Aftab Kazilbash, which was replied by the senior of the
plaintiff.
7.
That the
defendant # 1 subsequently on ill advice refused to receive the rent. The
plaintiff transmitting rent through money order, which too refused and the
plaintiff having no other way started to deposit the same in the court of IX
learned Rent Controller Karachi South in Misc. Rent App. # 405/2001 in the name
of defendant # 1.
8.
that the
negation between plaintiff and defendant # 2 meanwhile from time to time remain
to continue and in the month of January 2004, defendant # 2 requested the
plaintiff to provide detail of rent deposited in the court. The plaintiff
provided the detail.
9.
That the
defendant # 2 subsequently threatened the plaintiff of his illegal ejectment
from the said offices. The plaintiff adopting the legal path, send legal notice
to the defendant # 1 , which was never replied by any of the defendant.
10.
That the
cause of action accused to the plaintiff against the defendants firstly on
20.06.2000, when defendants threatened to the plaintiff for snatching to the
vehicle, secondly when police in spite of several visits of the plaintiff at
police station failed to take any action and lastly when on written application
superior police officer failed to grant any relief and the same remained to
continue day to day till the filing of the civil suit within the local limits of police station Khuwaja
Ajmair Nagri as the cause of action accrued there in and both the party are
residing in same area, i.e. with in the jurisdiction of this Honorable Court.
11.
That suit
for the purpose of jurisdiction and
declaration is at valued Rs. 400/- and for the purpose of injunction is
valued of Rs. 200/-, for which no court fee is required to be affixed .
P R A Y E R
The
plaintiff, therefore, prays for judgement and decree in his favor and against
the defendants as under:-
(a) To declare that the defendants their
agents, attorneys representative, assigns and all other person(s) working for
them and on their behalf have no authority and power to harass and black mail
the plaintiff for snatching Mazda vehicle Registration No. PE-3426, Model 1993,
Engine No. SO531, Chases No. 303098 and take law in their own hands.
(b) To
restrain the defendants, their agents, attorneys, representatives, assigns and
all other person(s) working for them and on their behave from snatching Mazda
vehicle Registration No. PE-3426, Model 1993, Engine No. SO531, Chases No.
303098 from the plaintiff permanently.
(c) Any other equitable relief(s) which this
Honorable Court deems fit and proper under the circumstances of this suit.
Dated ;- - 02-2004. Plaintiff
APPLICATION
UNDER ORDER XXXIX RULE 1 & 2 R/W SECTION
151 CODE OF CIVIL PROCEDURE
On consideration of facts and grounds, incorporated in
the accompanying affidavit, it is most respect fully prayed on behalf of the
plaintiff above named that this Honorable Court may be please To restrain the
defendants, their agents, attorneys, representatives, assigns and all other
person(s) working for them and on their behave from snatching Mazda vehicle
Registration No. PE-3426, Model 1993, Engine No. SO531, Chases No. 303098 from the
plaintiff, pending disposal of this civil suit.
An ad interim injunction is to be solicited mean while
in terms of main prayer.
Prayer is made most earnestly with clean hands in the
interest of justice and equity.
Dated; -06-2000.
Advocate for the plaintiff
AFFIDAVIT
1.
That I am
plaintiff in the above matter and am fully conversant with the facts of this
case and able to depose the same.
2.
That
accompanying application for injunction under order 39 rule 1 & 2 Code of civil procedure has been drafted and filed
by may counsel under my specific instructions, contents there in are true and
correct to the best of my knowledge, information and belief.
3.
That I say
the defendants have nothing to do with Mazda vehicle, Registration No. PE-3426,
Model 1993 neither they have any authority to snatch the same from me for which
they are harassing and black mailing to me for which they are not entitled and
in this matter local police is also not providing any protection to me.
4.
That I have
good prima facie case and balance of convenience lies in my favor and there is
likelihood that, I shall win the case incarceration.
5.
That for the sake of brevity, I adopt the contents
of accompanying application as well as main plaint, as an integral part and
parcel of this affidavit and in order to avoid duplication do not repeat the
same.
6.
That until
the application is granted, I shall be seriously prejudiced and suffer an
irreparable loss.
7.
That
whatever stated above is true and correct to the best of my knowledge and
belief.
Dated; 28-06-2000 . Deponent.
AFFIDAVIT
I, Muslim, adult resident of Karachi, do hereby state on oath as under:-
1.
That I am
plaintiff in the above matter and am fully conversant with the facts of this
case and able to depose the same.
2.
That
accompanying application under rule 14, chapter 1, part 1, The Sindh Civil
Courts Rules has been drafted and filed by may counsel under my specific
instructions, contents there in are true and correct to the best of my
knowledge, information.
3.
That I say
the defendants have nothing to do with Mazda vehicle, Registration No. PE-3426,
Model 1993 neither they have any authority to snatch the same from me for which
they are harassing and black mailing to me for which they are not entitled and
in this matter local police is also not providing any protection to me and if
this matter is not proceeded urgently during vacations, there is severe
apprehension that defendants will snatch the Mazda vehicle from my position as
I have no concern regarding their claim with original owner as they are at
liberty to search him and recover their claim.
4.
That for the sake of brevity, I adopt the contents
of accompanying application as well as main plaint, as an integral part and
parcel of this affidavit and in order to avoid duplication do not repeat the
same.
5.
That until
the application is granted, I shall be seriously prejudiced and suffer an
irreparable loss.
6.
That
whatever stated above is true and correct to the best of my knowledge and
belief.
Dated; 28-06-2000 . Deponent.
APPLICATION
UNDER RULE 14, CHAPTER 1 PART 1, THE SINDH CIVIL COURTS RULES
On
consideration of facts and grounds incorporated in the accompanying affidavit,
it is most respectfully prayed on behalf of the plaintiff above named that this
Honorable Court may be please to treat this matter as most urgent and grant
permission to proceed during vacations.
Prayer is made accordingly.
Dated:
28-06-2000 . Advocate for the
plaintiff.
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