SUIT FOR DECLARATION , CANCELLATION AND PERMANENT INJUNCTION
IN THE COURT OF----------------SENIOR CIVIL JUDGE EAST AT KARACHI
CIVIL SUIT NO-549/2015
Qari Muhammad Rafiq S/o Allah
Wasaya, Muslim, Adult Resident of
Plot No, R-27, Block/Sector 31-C-1, Scheme,
KDA Employs Quota, Korangi, Karachi--------------------------------Plaintiff
VERSUS
1. Sher Tallah Khan S/o,
Siddiq Nasarullah Khan, Muslim,
Adult, Resident of House No.162-
B/2, Block, 3, P.E.C.H.S, Karachi.
2. Tariq Khan Son of not known
C/o Sher Tallah Khan
Resident of House No.162-B/2, Block,
3, P.E.C.H.S, Karachi.
3. Assistant Director KDA Employs Quota,
Korangi, KDA Wing CDGK 3rd Floor, CIVIC
Center, Gulshan-e-Iqbal, Karachi.------------------------Defendants
SUIT FOR DECLARATION, CANCELLATION AND PERMANENT INJUNCTION
It is most respectfully prayed on behalf of the plaintiff above named that this Honourable Court may please consider the following facts as,
The Plaintiff abovenamed begs to submit as under: -
1.) That the Plaintiff purchased the Plot No. R- 27 Block/Sector: 31/C-1, Scheme/ Town Korangi, Karachi herein after called as the said plot, on 7th June 2004, vide Transfer Order No. CDGK/EC/KG/2004/396, Application Form No.1/23077/04, measuring 120 Sq. yards from transfer Allottee Mr. Nizam Din, who purchased it from Original Allottee Mr. Fazal Din.
Utility Bills are annexed herewith and marked as Annexure "A" & “B” respectively.
2) That on 02-11-2012 the Plaintiff gave power of Attorney to Defendant N0.1 Mr. Sher Talaha Khan S/o Siddqiq Nasarullaha Khan Register No. 308, Book No. 1, MF. Roll No: U84093-8199, for Bank loan purpose.
Photocopy of Power of Attorney is annexed herewith and marked as Annexure C.
3) That the Defendant No. 1 failed to obtain a Bank loan so, the plaintiff filed an application for Cancellation/ Revoking of his General power of Attorney on March 2013, and an Advertisement was published in Daily Jasarat of 21st March 2013, in this regard.
Photocopy of cancellation order and Daily Jasarat’s advertisement are annexed herewith and marked as Annexures D & E respectively.
4) After and during the required period of cancellation the Defendant No.1 never contacted and objected so, concerned Registrar cancelled his power of attorney Registered No. 1203 on 03-04-2013 M. F. Roll No. U26887/8474 dated 18-04-2013.
5) That since 18-09-2014, some criminals of land mafia came and started threatening the Plaintiff to vacant his house for unknown reasons and the Plaintiff submitted a written application of this abusing and threatening conduct in the respected police station on 21-09-2014.
Photocopy of written complaint is annexed herewith and marked as Annexure F.
6) That on 21-09-2014, the same people came as usual but declared for the first time that they have purchased Plaintiff’s house from Defendant No.1, so in this way Plaintiff was informed about the fraud.
7) That the Plaintiff contacted some senior Ulamas for solution of this matter because of religious affiliation of same thought of both parties but after lots of discussion and talk Defendant No. 1 refused to listen to any reasonable demand.
8) That the Plaintiff moved applications about the same matter to Chief Justice Sindh High Court Karachi, District and Session Judge East, Director KDA, Director Sindh Building Control Authority, Registrar KDA Korangi Quaidabad, Chief Secretary Sindh and S. H. O Korangi Industrial Area.
Photocopies of Applications are attached herewith and marked as Annexures from G to M.
9) That in reply of application to District and Session Judge East, the Honourable Court through Application No. 92/2015 dated 08-01-2015 accepted Plaintiff’s right to civil suit.
Photocopy of Order is attached herewith and marked as Annexure N.
10) That when after court order the Plaintiff went to KDA for further information, he came to know that the said plot is transferred to the name of Defendant No.4 since after 4 months of cancellation of the said power of attorney.
11) 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.
12) That the cause of action occurred to the Plaintiff against the Defendants firstly when the Plaintiff came to know about illegal purchase and transfer of his said plot by hands of the Defendants, secondly when the said unknown persons came to dispossess the Plaintiff from the said Plot/property and lastly for extending threats day by day.
13) 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.
14) That the said Plot/property in question is situated within the local
Limits of P.S. Korangi Industrial Area, 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 please pass a judgement & Decree against the Defendants in favoure of the Plaintiff in the above case as follows:-
a) 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 and humiliating the Plaintiff by way of sending his men for getting or taking the house hold articles or dispossessing him from the said Plot/property by way of using force and extending threats.
b) To declare the Plaintiff as the real and lawful legal owner of the said plot and the house constructed on it.
c) To cancel the transfer Allotment Order in favour of the Defendant No.2 as being illegal and unlawful.
d) To
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
Advocate for the Plaintiff
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.
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.
ADVOCATE.
SOLEMNLY AFFIRMED Before me at Karachi on this ---- th day of ---------- 2002, by the Deponent abovenamed who is identified by Mr. Muhammad Amir Kan Advocate who is known to me personally.
COMMISIONER FOR TAKING AFFIDAVITS.
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