IN THE COURT OF SENIOR CIVIL JUDGE

EAST AT KARACHI
Civil Suit No. of 2019

Shama Parveen W/O Raja Fakhar Abbas,

Muslim, adult, R/o Flat No.17,
3rd Floor, Bismillah Building,
Saddar Karachi
Through her Attorney
Adnan Zafar
S/O Raja Muhammad Ghazanfar Khan
Muslim, Adult,
R/O H.No.14/1, Street No.21,
Mohalla Model Colony,
Karachi…………………………………………………………………………………………Plaintiff.

Versus

1.The Project Director,

Lines Area Re-Development Project,
(LARP)
Having office at 10th Floor,
KDA, Building, Civic Center,
Karachi

2.Karachi Metropolitan Corporation

Through its Municipal Commissioner KMC
Having KMC Office at M.A Jinnah Road
Karachi……………………………………………………………………………Defendants.

SUIT FOR PERMANENT INJUNCTION

The above-named plaintiff most reverently begs

to present his submissions as under:-

1.That plaintiff is law abiding citizen of

Pakistan and by profession is a house hold
lady.
2.That the plaintiff being old aged lady unable
to move with ease and weaker in strength, could
not file the instant suit on her own before
this Honorable Court, ergo plaintiff executed
Special power of Attorney in favor of Adnan
Zafar for filing the instant suit so also to
proceed with the matter.

(COPY OF SPECIAL POWER OF ATTORNEY IS ANNEXED

HEREWITH AND MARKED AS ANNEXURE A)

3.That the husband of the plaintiff namely Raja

Fakhar Abbas S/O Raja Sardar Muhammad was
expired on 31.03.2012. It is significant to
mention here that plaintiff is issueless lady,
having no child.

(COPY OF THE DEATH CERTIFICATE IS ATTACHED

HEREWITH AS ANNEXURE B)

4.That the husband of the plaintiff and prior to

him his predecessors have been in possession of
the property comprising of two plots each
measuring 405 sq.yards bearing No.S.B.9
situated at Khawaja Shahabuddin Market, Saddar
Karachi since 1st February 1953 as a Lessee for
ten year Temporary occupation Lease Dated.16-
03-1953, and initially they were paying the
rent @ the rate of Rs.39.25 per square yard as
Lessee, and they had paid the rent with the
same rate till June 1997.

(COPY OF TEMPORARY OCCUPATION LEASE IS

ANNEXED HEREWITH & MARKED AS C)
5.That meanwhile in the year of 1969, the
defendant No.2 demanded lease money at the
enhanced rate of Rs.300 per square yard which
was a share atrocity on the part of the
defendant No.2, ergo being aggrieved with the
acts of the defendant No.2, the husband of the
plaintiff and his brother challenged the same
through two Civil suits bearing No.247/1969 and
249/1969, whereby on 20.11.1969, declaration
was granted by the 9th Civil Judge, Karachi
with the observation that the husband of the
plaintiff and his brother are lawful tenants
and cannot be evicted otherwise than due course
of law.

(ORDER OF CIVIL SUITS NO.247/1969 AND

249/1969 ARE ANNEXED HEREWITH & MARKED AS D
& D/1)

6.That in the year of 1978 the husband of the

plaintiff and his brother filed a Civil suit
bearing No.612/1978 for Specific Performance of
Contract before the Honorable High Court on the
basis of the Letter dated 18.02.1978 issued by
Director Land and Estate, KMC to the father of
the husband of plaintiff which was dismissed
vide Judgment dated 06.04.1998, and Decree
dated 12.05.1998.
(COPIES OF LETTER DATED 18.02.1978, JUDGMENT
DATED 06.04.1998 AND DECREE DATED 12.05.1998
ARE ANNEXED HEREWITH & marked as E, TO E/2)
7.That thereafter, being aggrieved and
dissatisfied with aforementioned Judgment and
Decree the husband of the plaintiff challenged
the said Decree by filing the High Court Appeal
bearing No.161/1998, which was dismissed as
withdrawn on 19.09.2003 because the KMC had
granted the Lease vide Agreement of Lease dated
02.09.1996 of the said plot to the husband of
plaintiff for the period of 10 years.

(COPIES ORDER DATED 19.09.2003 AND AGREEMENT

OF LEASE DATED 02.09.1996 ARE ANNEXED
HEREWITH AS ANNEXURE F & F/1)

8.That meanwhile in the year of 2000 and 2001 the

Department of KMC and KDA had merged and become
one entity as C.D.G.K and the husband of
plaintiff peacefully running his business on
the above mentioned property and was
continuously tendering the prescribed rent.

(COPIES OF RENT RECEIPTS ARE ANNEXED

HEREWITH AS ANNEXURE G TO G/1 )

9.That after the expiration of Agreement of Lease

dated 02.09.1996, the husband of plaintiff
requested to C.D.G.K, for the extension of the
said Lease Deed, vide letter dated 31.05.2007
and in reply thereof C.D.G.K sent us letter
dated 09.06.2007, whereby they demanded the
Order of the High Court Appeal No.161/1998, and
the same was provided to them by the husband of
the plaintiff.
 (COPIES OF LETTER DATED 31.05.2007, LETTER
DATED 09.06.2007 “ “)

10. That thereafter, vide letter dated

26.09.2007, in the wake of demolition of
Khawaja Shahabuddin Market, Saddar Karachi, the
husband of the plaintiff was requested by CDGK
to vacate the said premises for the demolition
and re-construction of the same market, and in
exchange because of old tenant the husband of
the plaintiff was allotted alternate Commercial
Plot of land bearing No.2, S.B-9, measuring 825
sq.yards (7425 Square Feet), Khawaja
Shahabuddin Market, situated at Lines Area, Re-
Development Project, Karachi, for temporary
settlement, and in this regard the husband of
the plaintiff issued letter
No.________________, vide letter dated
________, besides this the husband of the
plaintiff namely Raja Fakhar Abbas in his life,
so also after him the plaintiff being his wife
paying the rent without any delay/default as
per the gist of Agreement of Lease dated
02.09.1996.

(COPIES OF LETTER DATED 26.09.2007 AND LETTER

NO.____________, VIDE LETTER DATED ________,
ARE ANNEXED HEREWITH AS ANNEXURE “ “)

11. That in the year of 2012 the husband of

plaintiff got expired. Moreover, in the same
year the C.D.G.K which was emerged by the
merger of KMC and KDA was abolished and the KDA
was revived and the Plot of land bearing No.2,
S.B-9, measuring 825 sq.yards (7425 Square
Feet), Khawaja Shahabuddin Market, situated at
 Lines Area, Re-Development Project, Karachi
came under the Jurisdiction and ambit of KDA
who then changed its name/address as Plot No.C-
2/3/2.

12. That in the month of _____, _____ the

officials of KDA on the behest of defendant
No.4, came at the plot No.C-2/3/2 and vandalize
the shops of the plaintiff without any
justification, and further threaten the
plaintiff and her family members that they will
vacate the premises with force.

13. That apparently the Plaintiff has the

sever apprehensions at the hands of Defendants
that they shall use force for such purpose and
in such circumstances, the plaintiff is
entitled to be protected by this Honorable
Court by granting the an Injunction in favor of
plaintiff to maintain peace and supremacy of
law as a whole, hence this suit for Permanent
Injunction along-with application for interim
relief.

14. That the cause of action accrued to

plaintiff against the defendants, firstly when
the husband of the plaintiff was allotted the
said plot and, secondly when the men/agents/
servants of defendant No.4 vandalize the shops
of plaintiff and threaten the plaintiff and her
family members that they will get vacate the
said premises with force, hence the cause of
action is continuing day by day.
 15. That the suit property is comes with the
territorial jurisdiction of POLICE STATION
BRIGADE and this Honorable Court is very much
competent to try & entertain the suit.

16. That the for the purpose of Court fee the

valuation of suit is of Rs.200/- for which no
court fee is required to be paid.

PRAYER
It is, therefore, beseech that this Honorable
Court may be please to pass a Judgment & Decree in
favor of plaintiff and against the defendants in
the following manners:-

a.To direct the defendants, theirs agents,

servants, men, person or persons, supporters,
attorneys, heirs, assignees, well-wishers,
agents, servants and/or anybody else claiming
on their behalf, not to dispossess the
plaintiff from the suit property bearing Plot
of land bearing No.2, S.B-9, measuring 825
sq.yards (7425 Square Feet), Khawaja
Shahabuddin Market, situated at Lines Area, Re-
Development Project, Karachi (new name) Plot
No.C-2/3/2.
b.Grant any other relief or reliefs which this
Honorable Court may deem fit & proper in these
circumstances.

c.Grant the cost of the suit.

PLAINTIFF
KARACHI.
DATED. ADVOCATE FOR PLAINTIFF
 VERIFICATION
I, __________ S/o _______, Muslim, adult,
resident of Karachi, through lawful attorney
__________ S/o __________, Muslim, adult, resident
of Karachi do hereby verify the contents of this
plaint that the whatever stated above is true and
correct to the best of my knowledge and belief.

DEPONENT
The above-named deponent is identified by me.

ADVOCATE
IN THE COURT OF SENIOR CIVIL JUDGE
EAST AT KARACHI
Civil Suit No. of 2019

Shama Parveen W/O Raja Fakhar Abbas,

Through her Attorney
Adnan Zafar…………………………………………………………………………………Plaintiff

Versus

Director KDA & Others……………………………………….…….Defendants.

APPLICATION U/O XXXIX RULE 1 & 2 CPC R/W

SECTION 151 CPC

For reasons disclosed in the accompanying

affidavit it is most reverently implored on behalf
of plaintiff that this Honorable Court may be
pleased to grant interim injunction, against the
defendants, thereby restraining the defendants,
their agents, servants, nominees, employees,
associates, sub-ordinates, laborers, attorney(s)
and/or anyone else acting on behalf of defendants,
from creating any sort of third party interest in
respect of suit property bearing Plot of land
bearing No.2, S.B-9, measuring 825 sq.yards (7425
Square Feet), Khawaja Shahabuddin Market, situated
at Lines Area, Re-Development Project, Karachi (new
name) Plot No.C-2/3/2. and / or making any sort of
attempt to sell or to dispose of or alienate the
same in any manner whatsoever.

KARACHI
DATED: ADVOCATE FOR PLAINTIFF

IN THE COURT OF SENIOR CIVIL JUDGE

EAST AT KARACHI
Civil Suit No. of 2019

Shama Parveen W/O Raja Fakhar Abbas,

Through her Attorney
Adnan Zafar…………………………………………………………………………………Plaintiff

Versus
Director KDA & Others……………………………………….…….Defendants.
AFFIDAVIT IN SUPPORT OF APPLICATION U/O
XXXIX RULE 1 & 2 CPC R/W SECTION 151 CPC
I, Shama Parveen W/o Raja Fakhar Abbas through
lawful attorney Adnan Zafa S/O Raja Muhammad
Ghazanfar Khan, Muslim, Adult, R/o Karachi, do
hereby state on Oath as under:-
1. That I am deponent herein and being lawful
attorney of plaintiff in the above-noted
matter, as such, am fully conversant with the
facts to which I am deposing.
2. I say that the accompanying application
has been drafted and filed under the specific
instructions plaintiff.

3. I say that that for the sake of brevity

the contents of accompanying application and
the contents of the suit may please be treated
as part and parcel of this affidavit.
 4. I say that it will be in the interest of
justice to allow the accompanying application.
5. I say that my valuable rights are being
involved and further in all fairness, I have
made out a prima facie good arguable case in my
favor and the balance of convenience and
irreparable loss are also in my favor.
6. I say that unless the accompanying
application is allowed I shall be bound to
suffer an irreparable loss, inconvenience and
injury.

7. That whatever stated above is true and

correct to the best of my knowledge.
DEPONENT
IN THE COURT OF SENIOR CIVIL JUDGE
EAST AT KARACHI
Civil Suit No. of 2019

Shama Parveen W/O Raja Fakhar Abbas,

Through her Attorney
Adnan Zafar…………………………………………………………………………………Plaintiff

Versus
Director KDA & Others……………………………………….…….Defendants.

LIST OF LEGAL HEIRS

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF

IN THE COURT OF SENIOR CIVIL JUDGE

EAST AT KARACHI
Civil Suit No. of 2019

Shama Parveen W/O Raja Fakhar Abbas,

Through her Attorney
Adnan Zafar…………………………………………………………………………………Plaintiff

Versus
Director KDA & Others……………………………………….…….Defendants.

LIST OF WITNESSES
KARACHI.
DATED. ADVOCATE FOR PLAINTIFF