IN THE HIGH COURT OF SINDH AT KARACHI

 
Civil Suit No.___________/2020

MST.NAHEED ALTAMASH BURNEY

W/O.SYED ALTAMASH AHMED BURNEY
.Holding CNIC NO 42501-1442180-8,
Muslim Adult Resident of house no C-95
,Block "A" North Nazimabad ,Karachi------------------------------Plaintiff

VERSUS

MR.SYED ASIF TANVEER NAQVI

S/O .SYED TANVEER AHMED NAQVI,
Holding CNIC NO 42101-8322837-3
Muslim ,Adult ,Resident of House No A-174,
Block "A" ,North Nazimabad ,Karachi
--------------------------Defendant

 
SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT
DATED 18-8-2020, DECLARATION,DAMAGES,PERPETUAL
INJUNCTION ALONG WITH PERMANENT AND MANDATORY
INJUNCTION AS WELL AS CONSEQUENTIAL RELIEF.

Respectfully Sheweth:-

1.           That  the addresses given in the caption of the plaint are true and

correct for the effective service of summons / notices.

2.           That the brief are filing the suit are that the plaintiff is absolute
and lawful owner of the Flat no 904 Sami Tower Block A North
Nazimabad Karachi. Copy of ownership documents is attached
and marked as annexure A .

3.           That on 18-08-2020 the plaintiff entered into the

agreement  to  sell with the defendant regarding Flat no 904
Sami Tower Block A North Nazimabad Karachi. against a
consideration of Rs. 15,200,000/-(Rupees Fifteen Million & Two
Hundred Thousand only).Copy of sale agreement is attached and
marked as annexure B .

4. That the defendant at the time of execution of said agreement to sell

DATED 18-08-2020 paid and an amount of Rs.
 3,500,000/(Rupees Three Million, Five Hundred Thousand only)-
to the deceased defendant in front of the witnesses which was
dully received and acknowledged by the plaintiff and defendant
at the time of deceased father of the defendants at the time of
execution of the sale agreement .

5. That according to the contents of the agreement sell  dated 18-08-

  

2020 it was mutually agreed between parties in clause 2 of

agreement that remaining amount will be paid by the defendant
at the time of execution of convince deed before the registrar
concerned within period of thirty days from the date of signing
of sale agreement without no time duration / limitation was
mentioned in the said agreement, in this way the time was not
the essence of the contract / agreement for the execution  of
agreement to sell dated 18-08-2020.

5.           That thereafter the plaintiff several time approach the defendant

for payment of balance consideration and execution of sale deed
but all goes in vein. Copy of legal notice is attached and marked
as Annexure C.

6.           That the defendant is not ready and willing to perform his

obligation and the plaintiff is justify to retain the erroneous
money in the light of PLD 2004 Supreme Court PAGE 73 MLD
2007 PAGE 264 and thereafter in the light of several judgments
of Superior Courts .

7. That according to the contents of the agreement to sell dated 18-

08-2020 the defendant was bound for the execution /
completion of the said agreement to sell.

8.           That the defendant has paid an amount of Rs. 35.00,000/- to

the plaintiff at the time of execution of sale agreement and in the
light of MLD 2007 Page 492 the plaintiff is justify to not return
the amount paid at the time of sale consideration and the same
will be forfeited against the party in breach

9. That in case of non payment of balance of sale consideration

court is empowered to direct the breaching party for payment of
 profit at the rate of seven and half percent of the balance
consideration Authority 2008 CLC 1267 .

10.           That the Plaintiff is entitle to receive/ take the balance amount

of Rs. 11,700,000/-  from the defendant and in case of non
payment of the same within the prescribed period defendant
shall not claim any interest whatsoever in the suit property.

11.       That few days ago the plaintiff through reliable sources came to
know that the defendant with malafide intention and some
ulterior motives is trying to turn back from agreement and is
denying to fulfill his contractual obligations towards plaintiff .   

12.       That the suit falling under clause II of section 113 of the

limitation act is within time from the date of refusal.

13.       That as the suit property is situated within the jurisdiction of

Karachi, this court is competent to entertain and adjudicate on
this suit.

14.That the cause of action accrued by the plaintiff firstly against the
defendant when the sale agreement was made between the
parties secondly when the defendant failed to fulfill obligations
and the same is still continue within the limits /jurisdiction of
this honorable court which exclusely falls under the jurisdiction
of this honorable court.

15.       That the value of the suit for the purpose of court fee come to Rs.
15,000/- on the sale price of Rs. 15,200,000/- and the same is
affixed in accordance with the law .

PRAYER:

Under the circumstances and submission expounded

above, it is therefore, humbly prayed that the defendants be directed:-
a) To pay balance consideration of sale agreement and
got registered the suit property in his name\ as
agreed upon. 
b) That in case the defendant is ready and willing to
perform his contractual obligations he may be
 directed for payment of profit at the rate seven and
half percent of the balance consideration as a
compensatory relief /damages for delay as a
consequential relief.
c) That in case defendant is unwilling and not ready to
perform his contractual obligation the amount paid be
declared as forfeited and he be permanently
restrained in future from claiming any sort of interest
whatsoever in respect of said property
d) Cost of the suit
e) Any other relief which the honorable Court deemed fit
be granted
                

Plaintiff____________________
MST NAHID ALTAMASH BURNEY
W/O SYED ALTAMASH BURNEY

                                                                          .
 
ADVOCATE FOR THE PLAINTIFF
QADIR HUSSAIN KHAN
VERIFICATION

I, MST.NAHEED ALTAMASH BURNEY W/O.SYED ALTAMASH AHMED

BURNEY .holding CNIC NO 42501-1442180-8,Muslim Adult resident of house no
C-95 ,Block "A" North Nazimabad ,Karachi-that I am the plaintiff in the above
plaint do hereby solemnly affirmed and verify on oath the all the contents of the plaint
are true and correct to the best of my knowledge and belief.

Karachi DEPONENT

Dated OCT -2020