Permanent Inj.

IN THE COURT OF XIITH CIVIL JUDGE

AT KARACHI CENTRAL

 (Civil original Jurisdiction)

Civil Suit #.      /2005

Ahmed Ali (Advocate)    VS.             Syed Shabbir Haider Rizvi

SUIT FOR PERMANENT INJUNCTION

The plaintiff above named most respectfully submits as under :-

1.       That the plaintiff was residing in the vicinity of Azizabad but late father of the defendant called upon the plaintiff/his wife and desired to live in the demised premises. The plaintiff started to live in House No. 1345/8, Ground Floor from September 1999 as a tenant at the rate of Rs.3,200/- per month and paid initially Rs.20,000/- as Security Deposit for which proper receipt was executed but at that time no Tenancy Agreement was reduced into writing but the same was reduced in writing after the death of defendant’s father in the month of September, 2004. The defendant forced the plaintiff to execute a Tenancy Agreement and enhanced the rent from Rs.3200/- to 3500/-. The parents of the defendant were nice persons and had good relation with the plaintiff and his family. The plaintiff as well as his family got National Identity Cards at the address of the demised premises. (Photo  state  copies  of  Receipt  of  Security  Deposit,  Rent  Receipt,  the  National  Identity  Card   of   plaintiff, Tenancy Agreement and last receipt for the month of June, 2005  are enclosed herewith and marked as ‘A’, ‘B’, ‘C’, ‘D’ and ‘E’).

2.       That the plaintiff along with his family is residing in the demised premises since 1999 peacefully and happily and maintaining the premises from his own sources that was actually duty of the defendant and has paid rent up to June 2005 as receipt has been enclosed above.

3.       That in the month of September 2003, the defendant sold the demised premises in consideration of Rs. 15,00,000/- to someone but  transaction could not be completed. The defendant was not capable to refund the token money, which was arranged by the plaintiff at the request of defendant.(Photo stat copy of Counter Foil of Cheque # 881457 dated 19-09-2003 in the sum of Rs.1,00,000/- is enclosed herewith and marked as ‘F’ ).

4.       That on 26-04-2005, plaintiff along with his family has to proceed Punjab as mother of the plaintiff died. On 08-06-2005, plaintiff along with his family returned and found that some articles from the court yard are missing. The plaintiff enquired about missing articles but defendant replied in negative and said that he has no knowledge but unnecessarily started to quarrel.

 

5.       That the plaintiff has requested a number of time for white wash of the demised premises, which is never done by the defendant, but it was always said by him that the same shall be carried on after vacating the demised premises.

6.       That the defendant since April, 2005 has hatched a conspiracy to get the premises vacated by hook or crook and to implement this evil decision, he is acting in different manners by raising noise, abusing, propagating in the vicinity. The defendant is not obliged under the law to take law in its own hands but he has privilege to get the premises vacated in the manner and grounds provided in Sindh Rented Premises Ordinance, 1979 and not otherwise. The defendant has also threatened the plaintiff of dire consequences in case if premises is not vacated as desired by him.

7.       That the plaintiff being a law abiding citizen believes in supremacy of law and interference of this court is required for just and to appreciate the law in its true prospects and it is legal right of the plaintiff to be protected as provided in safeguard of law.

8.       That the defendant is not legal entitled for the acts, which is being performed by him and his family, hence this suit for permanent injunction with a simple prayer that defendant be restrained from taking any action, which is not provided under law.

9.       That the cause of action accrued to the plaintiff against the defendant in the month of April, 2005, since defendant is acting abnormally to get the demised premises vacated without due course of law within the local limits of Police Station Azizabad, Karachi Central, which is within the territorial jurisdiction of this Honorable Court.

10.     That suit for the purpose of jurisdiction and court fee is valued at Rs.400/- for which no court fee is required to be paid.

P  R  A  Y  E  R

The plaintiff therefore prays for judgment and decree in his favor and against defendant as under:-

a)           Permanently restrain the defendant, his person (s), agents attorneys or any body else working for him and on his behalf from taking any action regarding ejectment of plaintiff and his family from demised premises i.e. Ground Floor of House No. 1345/8, Azizabad, Federal B Area, Karachi without due course of law.

b)          Cost of the suit.

c)          Any other equitable relief (S) as this Honorable Court may deem fit and proper according to the circumstances of the suit.

Karachi                                                       PLAINTIFF

Dated:    -07-2005                  

 

V E R I F I C A T I O N

I, Ahmed Ali (Advocate), Son of (Late) Karim Bukhsh, Muslim adult, resident of House No. 1345/8, Ground Floor, Azizabad, Federal B. Area, Karachi / plaintiff above named do hereby verify on oath that whatever has been stated above from paragraph 1 to 8 are true and correct to the best of my knowledge, information and from paragraph 9 to 10 to the best of my belief.

                                               

Deponent

The deponent is identified by me

         

Advocate

 

ADDRESS OF PLAINTIFF FOR SERVICE

Ahmed Ali (Advocate),

Son of (Late) Karim Bukhsh,

resident of House No. 1346/8,

Ground Floor, Azizabad,

Federal B. Area, Karachi.

Karachi                                           Advocate of the Plaintiff

Dated :   -06-2005

ADDRESS OF PLAINTIFF’S  

COUNSEL  FOR  SERVICE

Aashar Law Associates

19,20, Mezzanine Floor,

Al-Burhan Center Saddar,

Karachi.

Phone. 2236986, 2233100

Fax #. 021-2221264, 0333-2123906

Karachi                                             Advocate of the Plaintiff

Dated :    -06-2005

LIST OF LEGAL HEIRS OF THE PLAINTIFF

1.                 Mrs. Rabab                    45 years      Wife

2.                 Mrs. Ambreen Fatima    23 years      Daughter   

3.                 Mr. Muhammad Jawad  22 years      Son

4.                 Miss. Nargis                            20 years      Daughter

5.                 Miss. Kulsoom                18 years      Daughter

6.                 Miss. Laila                     17 years      Daughter

7.                 Mr. Muhammad Abass   15 years      Son

The legal heir is residing with the plaintiff at House No. 1346/8, Ground Floor, Azizabad, Federal B. Area, Karachi,  address given in the title of the plaint.

In the case of death of the plaintiff, the legal heir # 1 shall inform to this Honorable court.

Karachi                                           Advocate of the Plaintiff

Dated :    -07-2005

APPLICATION UNDER ORDER XXXIX

RULE  1 &  2   READ WITH   SECTION 

151, CODE OF CIVIL PROCEDURE 

On consideration of facts and grounds disclosed in the accompanying affidavit as well as in the memo of plaint, it is most respectfully prayed on behalf of the plaintiff above named that this Honorable court may be pleased to grant injunction, restraining, therein to the defendant, her person (S), agents attorneys or any body else working for him and on his behalf from interfering the lawful possession of plaintiff in respect of House No. 1345/8, Ground Floor, Azizabad, Federal B Area, Karachi, without due course of law.

An ad interim injunction is solicited mean while in terms of main prayer in the greater interest of justice and equity.

Karachi.                                                Advocate for the plaintiff     

Dated:    -07-2005        

A F F I D A V I T

I, Ahmed Ali (Advocate), Son of (Late) Karim Bukhsh, Muslim adult, resident of House No. 1345/8, Ground Floor, Azizabad, Federal B. Area, Karachi, do hereby state on oath as under:-

1.                 That I am plaintiff in the above matter, as such am fully conversant with the facts there of.

2.                 That the accompanying application under order XXXIX rule 1 & 2 read with section 151 Code of Civil Procedure  has been drafted and filed by my counsel under my specific instructions, contents there in are true and correct.

3.                 That I have good prima facie case and balance of convince lies in my favor as the defendant has hatched a policy to eject the forcibly, for which the law does not permit and incarceration, I shall succeed in the matter.

4.                 That for the seek of brevity, I adopt the contents of accompanying application as well as contents of main suit as an integral part and parcel of this affidavit and  do not repeat the same in order to avoid duplication.

5.                 That I shall be seriously prejudiced and shall suffer an irreparable loss, until accompanying application is allowed as there is likelihood that I shall succeeded in the matter. 

6.                 That whatever stated above is true and correct to the best of my knowledge information and belief.

Karachi      

Dated:    -07-2005.                                     DEPONENT.

                                                           

Identified by me .

Advocate.