IN THE COURT OF SR.

CIVIL JUDGE EAST AT

KARACHI

Civil Suit No. / 2018

Rizwan Ahmed Abbasi

s/o Rehan Ahmed Abbasi
Muslim, Adult, R/o H.No. B-25
Flake Naz Acrade-1, Near Colony
Gate Shahrah Faisal
Karachi PLAINTIFF

VERSUS

1.Taj Muhammad Siddiqui s/o no known

2.Huzoor Buxh s/o Azeem Buxh
Muslims, Adults, R/o H.No.E43-B2
Gulshan-e-Iqbal, Block-10 Railway
Karachi

3. Babar Mashi s/o Inayat Mashi

Muslim, Adult, R/o H.No.

Karachi

4. The Karachi Development Authority

(Land Management Wing, Korangi Town)
Having its office at first floor
Civic Center, Karachi

5. The Assistant Commissioner

District East,
Karachi

6. The Station House Officer

P.S. Zaman Town
Karachi DEFENDANTS

SUIT FOR DECLARATION &

PERMANENT INJUNCTION

The Plaintiff above named respectfully begs to submit all the

relevant facts along with grounds for the perusal and considerations of
this Hon’ble Court:-
FACTS OF THE CASE:

1) That in order to avoid any ambiguity before inserting the facts

of the case, it is much necessary to bring before this Hon'ble Court

that previously a suit filed by the plaintiff, plaint whereof was rejected

by this Hon'ble Court by exercising the power under Order VII Rule

11 CPC, as no proper court was filed by the plaintiff due to his bad

financial crises. Now this suit is being filed with compiling all the

legal formalities and affixing herewith the proper required court stamp

fee.

2) That the Plaintiff is a law abiding citizen of Pakistan, having

good character and never ever involved in any kind of litigation

throughout, living with his family at the aforementioned address. The

plaintiff purchased property bearing House No. L-385, Sector 48-F,

Katchiabadi, measuring 80 sq.yds situated on street No. 2, Francis

Colony, Korangi No. 2-1/2, Karachi, from defendant No.1 against

total sale consideration of Rs.3, 50,000/- (Rupees Three Lac and Fifty

Thousand only) under execution of sale agreement dated 18th March

1999 with cognizance of terms and conditions by the plaintiff and

defendant No.1 mentioned therein explicitly. (Copy of sale

agreement is attached herewith as annexure ‘A‘).

3) That the plaintiff after purchasing said house from defendant

No.1, raised construction thereon to make the house capable for the

residential purpose whereupon a huge amount has been expended by

him. Soon after completing construction work, the plaintiff alongwith

his family had began to reside in the said property and now plaintiff
have still been residing in the said property since long considerable

period without facing any hardship and obstacle from any corner or

place and plaintiff being owner of the said property have regularly

been paying all the utilities bills without any default thereof. (Copies

of electricity bills are enclosed herewith as Annexure ‘B to B___’).

4) That plaintiff is an absolute and exclusive owner of Immovable

Property / House No. L-385, Sector 48-F, Katchiabadi, measuring 80

sq.yds situated on street No. 2, Francis Colony, Korangi No. 2-1/2,

Karachi (hereinafter referred to as the said Immovable property) have

been enjoying the right of ownership since he purchased it from

defendant No.1 who after a legal sale transaction in favour of plaintiff

had not right of whatsoever nature to claim or done any illegal act to

get back the property through either means and /or chosen wrong path

of depraving the plaintiff even after receiving full sale consideration

in the shape of cash amount and the execution of sale agreement

converted the ownership from defendant No.1 to plaintiff.

5). That since a few months ago, the defendant No.1 who sold out

the property to plaintiff, alongwith defendant No.2 started to visit the

house of plaintiff and illegal, unlawful demanded him to vacate said

house and hand over its vacant possession. The demand of defendant

No.1 is because after raising construction by huge amount plaintiff

expended thereon, the value of property has been enhanced as per

current market from its past rate of sale, as such, the defendant No.1

about whom the plaintiff came to know later on, he belonged to land

mafia and danger group of the area who oftently occupy over the

properties /plot/ house of innocent people by forcibly dispossessing

them and sales out to other people in lower rate and when purchaser

made some altered or construction, the defendant No.1 & 2 alongwith

his group members forcibly dispossess them from the property and

occupy thereon by illegal sources and means.

6). That on account of having malicious intention over the

property, the defendant No.1&2 have been threatening the plaintiff

for handing over vacant possession of property in question, as

defendant No.1&2 made another deal of property in question with

some other people in higher rate of sale consideration. Although

plaintiff made his best efforts to convince both defendants No.1&2

that he got property from them in a legal way.

7). That on 02-5-2016 in evening time about 7.00 pm, the

defendant No.3 alongwith some armed gunda element came to the

house of plaintiff at that time his wife and children were alone. The

defendant No.3 on the behest of defendants No.1&2 made demand of

refunding the interest amount of Rs.20,000/- from the wife of

plaintiff, she replied that plaintiff had refund Rs.24000/- i.e more than

amount borrowed by plaintiff. Upon refusal of wife of plaintiff, the

defendant No.3 being under influence of defendants No.1&2

attempted to outrage the modesty of plaintiff’s wife and so also beaten

her with forcibly threats in case if amount is not return, he shall

occupy over the property in question. Subsequent to this misshape, the

defendant No.1 on his cell No. 0335-2010169 made a call on the cell

number of wife of plaintiff that if they do not accept what directive

given by the defendant No.3 they all will routine their lives. The

plaintiff being poor and illiterate having no knowledge about the

proper forum after consultation of elders had filed application to the

defendant No.6 requesting a legal action against the defendant

No.1,2&3 but no action has yet been taken by the responsible House

Station Officer in whose within the jurisdiction the property in

question is situated. Whereupon the defendant No.1&2 have

encouraged for repeating their act of land grapping again commenced

illegal and unlawful demand of vacation of property from the rightful

possession of plaintiff. (Copies of application and courier receipts

are enclosed herewith as Annexure ‘_____’).

8). That on account of having malicious intention over the

property, the defendants No.1&2 have been threatening the plaintiff

for handing over possession illegally and criminally. The plaintiff who

is lawful owner of the suit property, now having apprehension at the

hands of defendants No.1 to 3 however, they have been threatening to

dispossess the plaintiff from his property forcibly, without having any

titlement or right after sold out it to the plaintiff in a legal manner and

they have no right even to deprive the plaintiff from enjoying the

possession of property as a owner thereof. But the defendants No.1 &

3 have been visiting the property of plaintiff and sending the members

of their unlawful group who on showing deadly weapons harassing

and disturbing just in order to get vacant possession of property and

such misshape of illegal dispossession from property may possible be

happened any time, if defendants No. 1 to 3 are not restricted

immediately and strictly by passing a proper order by this Hon'ble

Court as the defendant NO.1 to 3 are habitual land grabbers ad they

are professional black mailer and cheater involved in many kind of

such activities.

9). That the defendant No.1 to 3 have filed a false complaint under

section 107/117 PPC which is pending before the in the court of

Judicial Magistrate, who has issued notices to the plaintiff and his

wife for their personal appearance before court. (Copy of complaint

u/s. 107/117 PPC is enclosed herewith as Annexure ‘_____’).

10) Under the circumstances mentioned hereinabove, the defendant

No. 1, 2 & 3 with connivance to each other under the help of

defendant No.6 are intended to dispossess the plaintiff being a lawful

and absolute owner from his property and there is serious

apprehension upon the illegal act that plaintiff shall deprived from his

property and shall suffer much irreparable loss and inconvenience due

to the illegal acts of the defendants, hence this suit.

11) That the suit is in time as the plaintiff has throughout been in

possession of the suit property with apprehend of his dispossession

by the defendants No.1 to 3 who are continuously attempting to

dispossess him on the basis of alleged ownership and disturbing his

family members consist upon wife and little children in absence of the

plaintiff.

CAUSE OF ACTION

12) That cause of action arose for the plaintiff to file this suit

against the defendants since they have been demanding vacant

possession of house in question from the plaintiff being lawful owner

thereof. Secondly, when defendants No.1 to 3 started visiting the

house of plaintiff to give threats for dire consequences in case of not

handing over its possession to them. Thirdly when defendant No.3

alongwith his gunda element on the behest of defendant No.1 & 2

committed trace pass and by entering assaulted upon the wife of

plaintiff in order to outrage her modesty just for the sake of possession

of property. The defendants No.1 to 3 are continuously acting in the

like manner to get back the property of plaintiff from his legal

possession and there is serious extension of harassment and

humiliation of defendants No.1 to 3 with dire consequences by forcing

the plaintiff to vacate the premises. The defendants No.1 to 3 are also

trying to create third party interest in the property and managing

forged and fabricated documents of property in order to selling out or

transfer in the name of anyone of his own choice or creating title

documents of property with the help of defendants No.4&5 and since

than the cause of action is continuing day to day till the filling of this

suit for Declaration & permanent Injunction against the defendants.

13) That for the purpose of court fee and the jurisdiction, the Suit is

valued @ Rs. ____________/- (____________), required court fee of

Rs. 15,000/- be affixed on the plaint.

14) That the suit property is situated within the territorial limits of

this Hon’ble Court and defendants are also residing there within the

jurisdiction of Police Station “Zaman Town” so this Hon’ble Court

has full authority to try the suit in accordance with law.

P R A Y E R:

It is, therefore, prayed that this Hon’ble Court may be pleased

to pass judgment and decree against the defendants as under:

a) Declare the plaintiff as legal and bonafide owner /purchaser of

property bearing House No. L-385, Sector 48-F, Katchiabadi,

measuring 80 sq.yds situated on street No. 2, Francis Colony,

Korangi No. 2-1/2, Karachi as per agreement dated 18-3-1999

having all rights of managing and residing thereof.

b) To direct the defendants No.5 &6 to take legal action against the

defendants No.1 to 3 under appropriate relevant law applicable in

the circumstances of case with a strict warning not to repeat the

same.

c) To direct the defendant No.4 not to manage any title documents of

ownership of property in favour of defendants No.1 to 3 if any

approach made by them.

d) To grant Permanent Injunction in favour of plaintiff against

defendants No.1 to 3 their legal heirs, successors, administrators,

attorney /submitted-attorneys, legal representative, employees,

workers, and assign restraining all of them from forcibly

dispossessing the plaintiff from House No. L-385, Sector 48-F,

Katchiabadi, measuring 80 sq.yds situated on street No. 2, Francis

Colony, Korangi No. 2-1/2, Karachi and further be pleased to

restrain them from selling and creating third party interested in

respect of suit property, in any manner, without due course of law.

The defendants No.1 to 3 be further restrain from issuance criminal

intimidation, harassing, forcing and attempting to commit

disturbance for the plaintiff and his family members.

e) To direct the defendant No.4 to provide legal protection to the live

and property of plaintiff and his family members and refrain the
 defendants No.1 to 3 from their illegal intention of dispossession

of plaintiff from suit property forcibly, illegally and unlawfully.

f) Award Costs and such other relief (s) and remedies throughout as

may be considered proper, called for and expedient under the

circumstances.

KARACHI. PLAINTIFF
DATED: (Mohammad Aslam)

Advocate for Plaintiff

(Ms. Shamim Akhter)

10

VERIFICATION

I, Waris s/o Ali Masih, Muslim, Adult, r/o House No. L-385,
Sector 48-F, Katchiabadi, measuring 80 sq.yds situated on street No.
2, Francis Colony, Korangi No. 2-1/2, Karachi, do hereby declare and
th
verify on Oath at Karachi on this day of August, 2016 that the
facts stated hereinabove are true and correct.

DEPONENT

The above named deponent is identified by me to the

Commissioner for taking affidavits.

ADVOCATE
(Shamim Akhter)

On oath before me at Karachi on this __ th day of August , 2016

by the deponent abovenamed who is identified by Ms. Shamim
Akhter Advocate, who is personally known to me.
COMMISSIONER FOR TAKING AFFIDAVIT

Documents filed : As per Annexure.

Documents relied upon : Original / Certified / true of all
 documents annexed with the
Memo of Plaint and all relevant
documents in respect of
the suit premises.

Applicant’s Address : As mentioned in the verification.

Advocate’s Address : Ms. Shamim Akhter,
Advocate, Suite # 303, 3rd floor, Al-
fatima Chamber, Near passport office
Saddar, Karachi.
021-325621877
Ms. Shamim Akhter
Advocate, SBC-6767
 IN THE COURT OF SR. CIVIL JUDGE EAST AT
KARACHI

Civil Suit No. / 2016

Waris s/o Ali Masih Plaintiff

Versus

Taj Muhammad Siddiqi and others Defendants

Application U/O XXXIX Rule 1 & 2

r/w Section 151 CPC, 1908

For reasons disclosed in the accompanying affidavit this

Hon’ble Court be pleased to grant injunction, grant permanent
injunction against the defendants, thereby restraining the defendants, their
agents, servants, nominees, employees, associates, sub-ordinates, laborers,
attorney(s) and/or anyone else acting, posing on their behalf from
disturbing the plaintiff, her physical possession over the house standing on
viz o House No. L-385, Sector 48-F, Katchiabadi, measuring 80
sq.yds situated on street No. 2, Francis Colony, Korangi No. 2-1/2,
Karachi, , making any attempt, given any threats for and to dispossess the
plaintiff from the said house or any part whereof, occupy the same,
illegally, un-authorizedly, forcibly and to get the said house sale, transfer to
anyone else or create third party interest, without the consent / permission
of the plaintiff, without due course of law, till final disposal of the main
suit.
Unless the prayer of the Plaintiffs is granted he shall be very much
prejudiced, suffer much loss and inconvenience on account of illegal and
fraudulent acts of the defendant.

KARACHI. Advocate for Plaintiff

DATED: (Ms. Shamim Akhter)
 For immediate use only

IN THE COURT OF SR. CIVIL JUDGE EAST AT

KARACHI

Civil Suit No. / 2016

Waris s/o Ali Masih Plaintiff

Versus

Taj Muhammad Siddiqi and others Defendants

Affidavit in support of an Application

U/O XXXIX Rule 1 & 2 r/w S. 151 CPC, 1908

I, Waris s/o Ali Masih, Muslim, Adult, r/o House No. L-385,

Sector 48-F, Katchiabadi, measuring 80 sq.yds situated on street No.

2, Francis Colony, Korangi No. 2-1/2, Karachi do hereby state on

solemn affirmation as under :-

1) I say that I am deponent of this affidavit as such as fully

conversant with the full facts of my case.

2) I say that the contents of an application U/O XXXIX Rule 1 & 2

r/w CPC has been drafted under my specific instructions contents of

the plaint may kindly be treated as integral part of this affidavit for the

sake of brevity.

5) I say that I am the lawful owner of the property in question

from which defendants No.1 to 3 wants to dispossess me illegally and

unlawfully without having any authority and due course of law.

6) I say that I have prima facie case, balance of convenience is

also with me unless my application is allowed I shall be seriously

prejudiced and suffer irreparable loss for the illegal and fraudulent

acts of the defendants.

Whatever has been stated above is true to the best of my

information, knowledge and belief.

(Deponent)

Identified by me: (Advocate)

Solemnly affirmed by the deponent abovenamed before me at
Karachi this th day of the August, 2016 who is known to Ms.
Shamim Akhter, Advocate Karachi and personally Known to the
undersigned.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.
(West)
(Original Civil Jurisdiction)

SUIT No. / 2013

Mohammad Aslam Plaintiff

Versus

Mst. Zarina Khatoon Defendants

Application U/S 149

r/w Section 151 CPC, 1908

It is respectfully prayed for and on behalf of the

plaintiff named above this Hon’ble Court may be pleased

to admit the suit and grant interlocutory relief to the needy

plaintiff in absence of affixation of advolerm court fee

which shall be paid within two months from the date of

filing this suit.

Further submitted that plaintiff is a poor man and

could not arranged the court fee in time in spite of hectic

efforts were made by him before filing of this suit due to

the illegal and unlawful attempts of defendants for his

eviction from the suit property where he is living being

owner since 1988.

Unless the prayer of the Plaintiff is granted he shall

be very much prejudiced, suffer much loss and

inconvenience on account of illegal and fraudulent acts of

the defendants and lack of funds too.

KARACHI. Advocate for Plaintiff

DATED: 29-6-2013 (Ms. Shamim Akhter)
For immediate use only
IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.
(West)
(Original Civil Jurisdiction)

SUIT No. / 2013

Mohammad Aslam Plaintiff

Versus

Mst. Zarina Khatoon Defendants

Affidavit in support of an Application

U/S 149 r/w Section 151 CPC, 1908.

I, Mohammad Aslam S/o Mohammad Sadiq, Muslim, Adult,

r/o Plot No. 245, (new 232), Sector 11 ½ , Muhammad Mustufa

Colony, Rehmat Chowk, Orangi Town, Karachi do hereby state on

solemn affirmation as under :-

1) I say that I am deponent of this affidavit as such as fully

conversant with the full facts of my case.

2) I say that the contents of an application U/S 149 r/w Section 151

CPC, 1908 has been drafted under my specific instructions contents of

the plaint may kindly be treated as integral part of this affidavit for the

sake of brevity.

3) I say that defendant-1 along with the defendant-2 & 3 are

constantly extending threats to me illegally and unlawfully for getting

the possession of my property, hence this suit.

4) I say that I have prima facie case, balance of convenience is

also with me unless my application is allowed I shall be seriously

prejudiced and suffer irreparable loss for the illegal

 2

and fraudulent acts of the defendants.

Whatever has been stated above is true to the

best of my information, knowledge and belief.

(Deponent)

Identified by me: (Advocate)

Solemnly affirmed by the deponent abovenamed

before me at Karachi this 29 t h day of the June, 2013 who

is known to Ms. Shamim Akhter, Advocate Karachi and

personally Known to the undersigned.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.
(West)
(Original Civil Jurisdiction)

SUIT No. / 2013

Mohammad Aslam Plaintiff

Versus

Mst. Zarina Khatoon Defendants

Application U/S 149

r/w Section 151 CPC, 1908

It is respectfully prayed for and on behalf of the

plaintiff named above this Hon’ble Court may be pleased

to admit the suit and grant interlocutory relief to the needy

plaintiff in absence of affixation of advolerm court fee

which shall be paid within two months from the date of

filing this suit.

Further submitted that plaintiff is a poor man and

could not arranged the court fee in time in spite of hectic

efforts were made by him before filing of this suit due to

the illegal and unlawful attempts of defendants for his

eviction from the suit property where he is living being

owner since 1988.

Unless the prayer of the Plaintiff is granted he shall

be very much prejudiced, suffer much loss and

inconvenience on account of illegal and fraudulent acts of

the defendants and lack of funds too.

KARACHI. Advocate for Plaintiff
DATED: 29-6-2013 (Ms. Shamim Akhter)
For immediate use only

IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.

(West)
(Original Civil Jurisdiction)

SUIT No. / 2013

Mohammad Aslam Plaintiff

Versus

Mst. Zarina Khatoon Defendants

Affidavit in support of an Application

U/S 149 r/w Section 151 CPC, 1908.

I, Mohammad Aslam S/o Mohammad Sadiq, Muslim, Adult,

r/o Plot No. 245, (new 232), Sector 11 ½ , Muhammad Mustufa

Colony, Rehmat Chowk, Orangi Town, Karachi do hereby state on

solemn affirmation as under :-

1) I say that I am deponent of this affidavit as such as fully

conversant with the full facts of my case.

2) I say that the contents of an application U/S 149 r/w Section 151

CPC, 1908 has been drafted under my specific instructions contents of

the plaint may kindly be treated as integral part of this affidavit for the

sake of brevity.

3) I say that defendant-1 along with the defendant-2 & 3 are

constantly extending threats to me illegally and unlawfully for getting

the possession of my property, hence this suit.

4) I say that I have prima facie case, balance of convenience is

also with me unless my application is allowed I shall be seriously

prejudiced and suffer irreparable loss for the illegal

and fraudulent acts of the defendants.

Whatever has been stated above is true to the

best of my information, knowledge and belief.

(Deponent)

Identified by me: (Advocate)

Solemnly affirmed by the deponent abovenamed

before me at Karachi this 29 t h day of the June, 2013 who

is known to Ms. Shamim Akhter, Advocate Karachi and

personally Known to the undersigned.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.
(West)
(Original Civil Jurisdiction)

SUIT No. / 2013

Mohammad Aslam Plaintiff

Versus

Mst. Zarina Khatoon Defendants

Application Under Section 14 of

Sind Civil Court Rules r/w S.151 CPC, 1908
It is respectfully prayed for and on behalf of the

plaintiff the matter may pleased be taken up today i.e. 29-

6-2013 during the vacation for the admission of instant

suit and after hearing of an application U/O XXXIX Rule 1

& 2 annexed thereto for the grant of injunction, stay,

status quo interlocutory relief against the defendants No.

1, 2 & 3 may please be granted in the interest of justice.

Unless the prayer of the plaintiff is granted he shall be

prejudiced, inconvenience and suffer irreparable loss by the unlawful

acts of defendants.

KARACHI. Advocate for Plaintiff

DATED: 29-6-2013 (Ms. Shamim Akhter)
 For immediate use only

IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.

(West)
(Original Civil Jurisdiction)

SUIT No. / 2013

Mohammad Aslam Plaintiff

Versus

Mst. Zarina Khatoon Defendants

Affidavit in support of an Application

U/S 14 of SCC Rules r/w S.151 CPC, 1908

I, Mohammad Aslam S/o Mohammad Sadiq, Muslim, Adult,

r/o Plot No. 245, (new 232), Sector 11 ½ , Muhammad Mustufa

Colony, Rehmat Chowk, Orangi Town, Karachi do hereby state on

solemn affirmation as under :-

1) I say that I am deponent of this affidavit as such as fully

conversant with the full facts of my case.

2) I say that the contents of an application U/S 14 of Sindh Civil

Court Rules r/w Section 151 CPC, 1908 has been drafted under my

specific instructions contents of the plaint may kindly be treated as

integral part of this affidavit for the sake of brevity.

3) I say that defendant-1 along with the defendant-2 & 3 are

constantly extending threats to me illegally and unlawfully for getting

the possession of my property, hence this suit.

4) I say that I have prima facie case, balance of convenience is

also with me unless my application is allowed I shall be seriously

prejudiced and suffer irreparable loss for the illegal

 2

and fraudulent acts of the defendants.

Whatever has been stated above is true to the

best of my information, knowledge and belief.

(Deponent)

Identified by me: (Advocate)

Solemnly affirmed by the deponent abovenamed

before me at Karachi this 29 t h day of the June, 2013 who

is known to Ms. Shamim Akhter, Advocate Karachi and

personally Known to the undersigned.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.
(West)
(Original Civil Jurisdiction)

SUIT No. / 2013

Mohammad Aslam Plaintiff

Versus

Mst. Zarina Khatoon Defendants

Address of Plaintiff

Plot No. 245, (New 232), Sector 11 ½,

Muhammad Mustufa Colony,
Rehmat Chowk,
Orangi Town,
Karachi.

KARACHI. Advocate for Plaintiff

DATED: 29-6-2013 (Ms. Shamim Akhter)
IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.
(West)
(Original Civil Jurisdiction)

SUIT No. / 2013

Mohammad Aslam Plaintiff

Versus

Mst. Zarina Khatoon Defendants

List of Legal Heirs

(1) Mst. Shahzadi (Wife)

(2) Ms. Aaman (daughter)

(3) Ms. Munazza (daughter)

(4) Ms. Adia (daughter)

In case of death of plaintiff MSt. Shahzadi will inform to this

Hon’ble Court.

KARACHI. Advocate for Plaintiff

DATED: 29-6-2013 (Ms. Shamim Akhter)
IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.
(West)
(Original Civil Jurisdiction)

SUIT No. 528 / 2013

Mohammad Aslam Plaintiff

Versus

Mst. Zarina Khatoon Defendants

Application for re-opening the side

And to set-aside the Order dated: - -201
For reasons disclosed in the accompanying affidavit this

Honorable Court may kindly be set-aside the order dated _____

and provide the opportunity to undersigned for filing of objection to

the application U/O VII Rule 11 CPC, 1908 in the instant suit, so that

the matter may be decided on merits to avoid the multiplicity of

proceedings.

Unless the prayer is granted the Plaintiff shall be prejudiced,

inconvenience and suffer irreparable loss due to non availing the

opportunity solely irresponsible behavior shown by the junior Mr.

Asif Aman to appear throughout in the instant suit.

KARACHI. For the Plaintiff

DATED: 9-8-2014 (Ms. Shamim Akhter)

For immediate use only

IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.
(West)
(Original Civil Jurisdiction)

SUIT No. 528 / 2013

Mohammad Aslam Plaintiff

Versus

Mst. Zarina Khatoon Defendants

Affidavit in support of an Application

for re-opening the side and to set-aside the
Order dated: - -201
I, Mst. Shamim Akhter D/o Muhammad Yousuf, Female,

Muslim, Adult, Advocate office at 303, 3rd Floor, Al-Fatima

Cahmbers, Saddar, Karachi do hereby take an oath and state solemnly

as under :-

1) I say that I am an Advocate in the above said suit in re:

Mohammad Aslam Versus Mst. Zarina Khatoon whihc is pending

before this Honorable Court for the purpose of adjudication in respect

of the property / Plot bearing No. M-245 (New No. 232) Sheet-1,

measuring 120 Sq. Yards, situated at Muhammad Mustufa Colony,

Rehmat Chowk, Sector 11 ½ , Orangi Town, District West, Karachi

which was gifted/donated to the plaintiff without consideration by his

adoptive father / who was real uncle and was issueless during his life

time in full senses without any duress and pressure due to the love and

affection and rendered him services as his adopted son in

2
 presence of the witnesses who are conversant with the fact that

property has been given to the plaintiff by the deceased through vide

written document on stamp paper valued of Rs. 10/- dated 27-3-1988

declaring the plaintiff shall be fully owner and can transfer the said

property in his own name being owner for me and on his behalf after

completion the all formalities and shall be liable to pay the all utility

bills being owner of the property.

2) I say that the above said matter which is based on substantial

law and facts was fixed on - -201 for the purpose of filing of

objection to the application U/O VII Rule 11 CPC, 1908, while my

junior was appearing constantly on each and every date information

given to me by him, but this fact side has been closed was not brought

into my knowledge by my junior Mr. Asif Aman reason best known to

him, however now I have turned him due to his irresponsibility in

respect of the non appearance in the cases on my behalf as per

practice prevailing in the field of advocacy.

3) I say that on 19-7-2014 when I appeared in the above suit it

revealed that my side for filing of objection has been closed on

________and the matter is fixed for order as the result of negligence

of my junior. Therefore I am filing this time barred application just to

the great indulgence of this Honorable court on the subject in the

interest of justice.

4) I say that under the circumstances, It is prayed that delay in the

discharge of the functions as directed may be excused in

3
 the interest of justice because it was neither intentionally nor

deliberately but due to the negligence of my junior and his non

seriousness in dealing with the matter.

5) I say that, it is just, proper and essential to allow my

accompanying application, otherwise the plaintiff shall be prejudiced

and suffer much loss and inconvenience due to the unprofessional

approach of my junior which was not in my control.

6) I say that the balance of convenience is with me and restoration

of my side shall not be put any adverse purpose against the Court.

Whatever has been stated above is true to the best of

my information, Knowledge and belief.

(DEPONENT)

Solemnly affirmed by Ms. Shamim Akhter Advocate

of Karachi before me at Karachi on this 9 t h day of August,

2014 who is personally Known to the undersigned.

COMMISSIONER FOR TAKING AFFIDAVITS

 For immediate use only

IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.

(West)
(Original Civil Jurisdiction)

SUIT No. 528 / 2013

Mohammad Aslam Plaintiff

Versus
Mst. Zarina Khatoon Defendants

COUNTER AFFIDAVIT
to the application U/O VII Rule 11 CPC
and its supporting Affidavit by plaintiff

I, Mohammad Aslam S/o Mohammad Sadiq, Muslim, Adult,

r/o Plot No. 245, (new 232), Sector 11 ½ , Muhammad Mustufa

Colony, Rehmat Chowk, Orangi Town, Karachi do hereby state on

solemn affirmation as under :-

1) I say that I am deponent of this affidavit as such as fully

conversant with the full facts of my case.

2) I say that I have gone through and understand the contents of

application Under Order VII Rule 11 CPC along with supporting

affidavit dated 19-07-2013 filed by the defendant-1, hence I wish to

reply herein for justification.

3) I say that the contents of the suit may kindly be treated as

integral part of this affidavit for the sake of brevity.

4) I say that the contents of application based on wrong

assumption by defendant-1 knowingly the contents of application are

far from implementation of law and not maintainable in the eyes of

law, barred by the principal of acuity deserve to be dismissed in

limine, hence vehemently

denied. That even otherwise the said application U/O VII Rule 11

CPC is not maintainable. However, I would prefer to give para-wise

reply of the contents of application.

5) I say that the contents of para-1 of answering application are

denied as the suit having been filed with full force of law and

maintainable in the eyes of law.

6) I say that the contents of para-2 & 3 of answering application

by adopting the wrong sections of laws, it is submitted that every

person who claiming entitlement to any legal character or to any right

to property which is denied by the defendants or in denying which the

defendants are interested can approach to the Honorable courts having

jurisdiction. It is further submitted that I have relied on a number of

documents, interpretation of which would be required in the light of

evidence, so the same could not be determined summarily without

recording of evidence as I am entitled to an opportunity to prove my

case in circumstances.

7) I say that in response of the contents of para-4 of the

application if this Honorable Court keep it juxtaposition the two

copies of lease deed dated 17-1-2013 in respect of the plot bearing

No. 232, Sheet No.1, Sector 11 ½, measuring 60 Sq. Yards,

Mohammad Mustafa Colony, Orangi Town, Karachi filed by

defendant-1 and annexure ‘C’ dated 27-3-1988 along with the copies
of applications and utility bills filed by my will find it clear that area

of the property of plaintiff is 120 sq. yard

which is in my possession since 1988 and was gifted / donated to me

upon my rendered services without consideration by my uncle namely

Mohammad Usman during his life time in full senses without any

duress and pressure due to the love and affection in presence of the

witnesses who are conversant with the facts that property by deceased

through Vide Written document on stamp paper valued of Rs. 10

dated 27-3-1988 declaring the plaintiff shall be fully owner and can

transfer the said property in my own name being owner after

completion the all formalities and shall be liable to pay the all utility

bills being owner of the property.

8) I say that the contents of para-5, 6 & 7 of the application are

pack of lies, hence denied. Defendants put to strict proof. Upon denial

of the defendant-1 from the ownership of the suit property, I was

justified to file this suit for the great indulgence of this Honorable

Court and I did come to this Honorable Court with clean hands. But

relying upon the false and forge documents prepared by defendant-1

with the collusion of defendant-2 and others are forgery and this

Honorable Court must be canceled the documents filed by defendant-

1 who being issueless lady could not have obtain the lease deed by

partitioned into two plots in her own name alone with malafide

intention and ulterior motives with sole intention to usurp the by

partitioned into two plots.

9) I say that the contents of para-8 of the application are

total propaganda against me just to harass me in different ways or by

implication me and my wife in false and fabricated litigations by

adopting the illegal methods and all means, hence I categorically

denied. However, it is submitted that I am living in the said house

which is measuring 120 sq. yards since my childhood and after gift

deed on 27-3-1988 in my favor by my uncle who was issueless and

before his demise donated / gifted me in front of the sizeable

gathering without any duress and influence. And I have never been

involved in any criminal activities throughout except the FIR (s)

which have been lodged against me in revenge, hence denied. It is

further submitted that I am relying upon number of documents in

respect of gift of the suit property and the facts narrated in my plaint if

the gift deed having been disputed then it required evidence from both

the parties to prove their views, points and controversies through

recording of evidence, examining of witnesses / analyzing of record

and hearing of both the parties on merits of the case. The instant plaint

cannot be rejected Under Order VII Rule 11 CPC, under the facts and

circumstances of the case.

Parawise Reply of Supporting Affidavit:

1) I say that the contents of para-1 & 2 of the supporting affidavit

are formal and need not reply.

2) I say that the contents of para-3 & 4 of the supporting affidavit

are rigmarole and if the application is dismissed she will not suffer

any loss or inconvenience / serious prejudice as

 5

the application is based on false and fabricated documents prepared

with the collusion of defendant-1. I say and submitted that the

material which is brought on record by me neither baseless nor merit

less which must be nipped in the bud at the initial stage while

consideration an application U/O VII rule 11 CPC this Honorable

Court is required to examine the contents of the plaint and the

documents in the interest of justice.

3) Without prejudice the suit is not barred by any of the provisions

of law, and is maintainable and within jurisdiction of this Hon’ble

Court and application U/O 7 Rule 11 is liable to be dismissed. It is

therefore, humble pray that the intricate questions kept be a side and

the matter kindly be decided in the interest of justice and application

under consideration is liable to be dismissed with compensatory costs.

4) I say that the balance of convenience is with me

Whatever has been stated above is true to the best of

my information, Knowledge and belief.

(DEPONENT)

Identified by me (ADVOCATE)

Solemnly affirmed by Ms. Shamim Akhter Advocate

of Karachi before me at Karachi on this 2 n d day of October,

2014 who is personally Known to the undersigned.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.
(West)
(Original Civil Jurisdiction)

SUIT No. 528 / 2013

Mohammad Aslam Plaintiff

Versus
Mst. Zarina Khatoon Defendants

PROPOSES ISSUES
For and on behalf of the Plaintiff

1) Whether the suit as framed is maintainable?

2) Whether the suit of the plaintiff is liable to be dismissed in view of

the preliminary objection ''A,B,C,D,E,F &G?

3) Whether the suit property / house constructed on plot bearing No.

M-245 (New No. 232) Sheet-1, measuring 120 sq. yards, situated

at Muhammad Mustufa Colony, Rehmat Chowk, Sector 11 ½ ,

Orangi Town, District West, Karachi was gifted by the deceased

Mohammad Usman during his life time to Plaintiff?

4) Whether the alleged document / declaration of gift dated 27-3-

1988 is valid, legal and subsisting instrument in respect of the suit

property?

5) Whether Plaintiff has got cause of action and locus standi?

6) Whether defendant-1 unlawfully prepared the two leases dated 17-

1-2013 of suit property measuring 120 Sq. yards after bifurcating

into two plots measuring 60 sq. yards each?

7) Whether the acts of the defendant No. 1, 2, 3 & 4 are void,

2
 illegal and preparation of two leases dated 17-1-2013 in respect of

the suit property are not binding upon the plaintiff or his heirs and

liable to be cancelled / struck down with immediate effects and

surrender the same?

8) Whether the plaintiff is entitled to the claimed for?

9) What should the Decree be?

10) Cost and General.

KARACHI. Advocate for Plaintiff

DATED: 9-4-2013 (Ms. Shamim Akhter)
IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.
(West)

SUIT No. 528 / 2013

Mohammad Aslam Plaintiff

Versus
Mst. Zarina Khatoon Defendants

Application Under Order XIII Rule 2

r/w Section 151 CPC, 1908

For reasons disclosed in the accompanying affidavit this

Honorable Court in its discretion to dispense the justice with sole aim

and objective to allow the plaintiff at this stage to file / produce the

documents along with list of witnesses which have been left over to

file within 7 days to this Honorable Court after settling the issues on

due to over sighted neither deliberately nor intentionally.

It is further submitted that the said documents are the same

which have already filed with the plaint and no doubt as to the

authenticity of documents sought to be produced under this

application cannot be discarded.

Unless the prayer of the plaintiff is granted they he shall be

suffer much loss and inconvenience.

KARACHI. For the Opponents

DATED: 27-4-2015 (Ms. Shamim Akhter)
 For immediate use only

IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.

(West)

SUIT No. 528 / 2013

Mohammad Aslam Plaintiff

Versus
Mst. Zarina Khatoon Defendants

Affidavit in support of an Application

U/O XIII Rule 2 r/w Section 151 CPC, 1908

I, Mst. Shamim Akhter D/o Muhammad Yousuf, Muslim,

Adult, Advocate office at 303, 3rd Floor, Al-Fatima Cahmbers,

Saddar, Karachi do hereby take an oath and state solemnly as under :-

1) I say that I am an Advocate in the instant Civil suit bearing No.

528 / 2013 in re: Mohammad Aslam Versus Mst. Zarina Khatoon is

pending in this Honorable Court for the purpose of adjudication in

respect of the plot bearing No. M-245 (New No. 232) Sheet-1,

measuring 120 sq. yards, situated at Muhammad Mustufa Colony,

Rehmat Chowk, Sector 11 ½ , Orangi Town, District West, Karachi

which was gifted by the deceased Mohammad Usman during his life

time to the Plaintiff.

2) I say that this Honorable Court has settled the issues on

___________ and I was required to file the documents relying

2
upon along with list of witnesses which could not be filed

inadvertently in time to this Honorable Court. It is further stated that

this Honorable Court dispense the justice with the sole aim and

objective that the function of this Honorable Court is to do substantial

justice and decide the rights on merits rather than technicalities.

3) I say that that the said documents are the same which have

already filed with the plaint and no doubt as to the authenticity of

documents sought to be produced under this application cannot be

discarded.

4) I say that the main ambit of this rule is to prevent the fraud and

not to penalize the parties for non production of document and in such

regard no hard and fast rule but this Honorable has empowered to

decide application under this rule on its own discretion.

5) Unless the prayer of the plaintiff is granted the plaintiff shall he

shall be suffer much loss and inconvenience due to over sight the

settled issues by this Honorable Court.

Whatever has been stated above is true to the best of my

information, Knowledge and belief.

(DEPONENT)

Solemnly affirmed by Ms. Shamim Akhter Advocate,

of Karachi before me at Karachi this 9 t h Day of September,
2015 who is personally Known to the undersigned.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.

(WEST)
 FAMILY Suit No. 528 / 2013

Muhammad Aslam Plaintiff

Versus

Mst. Zareena Khatoon Defendant

LIST OF DOCUMENTS

It is respectfully submitted the following list of documents which has

already been filed with the Memo of Plaint and on record.

1) Copy of CNIC of plaintiff dt: 22-7-2005 Annexure-A

2) Copy of death certificate of deceased dt: 25-3-89 Annexure-B

3) Copy of written document stamp paper dt: 27-3-88 Annexure-C

4) Copy of Application addressed to Deputy Director

of Water Board dated 12-11-1989 Annexure-D

5) Copy of Electricity Connection Bill Annexure-E

6) Copy of application Form of Sui Southern

Gas Company dated 106-1998 Annexure-F

7) Copy of Bill of Water Board Annexure-F/1

8) Copy of Sui Southern Gas Bill dt: 12-12-98 Annexure F/2

10) Copy of Electricity Bill dt: 20-3-2013 Annexure-F/3

11) Copy of Sui Southern Gas Bill dt: 1-4-2013 Annexure-F/4

12) Copy of Electricity Bill dt:15-3-2013 Annexure-G

13) Copy of Sui Southern Gas Bill dt.28-5-2013 Annexure-G/1

The list of documents may please be kept on record in the interest of

justice.

KARACHI. Advocate for Plaintiff

DATED: 13-1-2016 (Ms. Shamim Akhter)
 IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.
(WEST)

FAMILY Suit No. 528 / 2013

Muhammad Aslam Plaintiff

Versus

Mst. Zareena Khatoon Defendant

List Of Witnesses

1) Muhammad Ashfaq
S/o
CNIC # 42401-1735080-3
resident of House No. 357,
Street No. 16, Sector No. 12-L,
Orangi Town, KARACHI.

2) Muhammad Ali
S/o
CNIC No. 42401-6866712-3
House No. J-50, Baba Wilayat Ali shah Colony,
Sector 11-L, Orangi Town, Karachi.

KARACHI. Advocate for Plaintiff

DATED: 13-1-2016 (Ms. Shamim Akhter)
 For immediate use only

IN THE COURT OF IV SENIOR CIVIL JUDGE AT KARACHI.

(West)
(Original Civil Jurisdiction)

SUIT No. 528 / 2013

Mohammad Aslam Plaintiff

Versus

Mst. Zarina Khatoon & others Defendants

Affidavit-in-Evidence
of Plaintiff

I, Mohammad Aslam S/o Mohammad Sadiq, Muslim, Adult,

r/o Plot No. 245, (new 232), Sector 11 ½ , Muhammad Mustufa

Colony, Rehmat Chowk, Orangi Town, Karachi do hereby state on

solemn affirmation as under :-

1) I say that I am deponent of this affidavit as such as fully

conversant with the full facts of my case.

2) I say that I have filed the instant suit for Suit for Declaration &

Permanent Injunction against the defendants for the affirmation of my

legitimate right in the property in question as the defendant No.1 is

denying my legitimate right with the collusion of other defendants.

3) I say that I am a law abiding citizen of Pakistan, having good

character and never ever involved in any kind of litigation throughout,

living with my family consisting upon my wife and 3 daughters in the

House constructed on plot bearing No. M-245 (New No. 232) Sheet-1,

measuring 120 Sq. yards, situated

2
at Muhammad Mustufa Colony, Rehmat Chowk, Sector 11 ½ , Orangi

Town, District West, Karachi since my child hood and thereafter

being a donee / beneficiary of the said property without any

interruption since the year 1988. (Copy of CNIC attached herewith

as annexure ‘A‘).

4) I say that defendant-1 is the widow of one deceased

Mohammad Usman who was my real uncle and died intestate at

Karachi on 23-4-1988. During his life time being an issueless spouse

they both adopted me as their own child / nephew (now I am plaintiff)

for bringing up me like their real son and by providing the all sort of

necessities of life to me, in the like wise I also keeping myself back

always and rendered my services to the issueless spouses like my real

parents throughout. (Copy of death certificate of deceased

Mohammad Usman is enclosed herewith as Annexure ‘B’).

5) I say that deceased Mohammad Usman being an absolute and

exclusive owner was holding a Immovable Property / plot bearing No.

M-245 (New No. 232) Sheet-1, measuring 120 sq. yards, situated at

Muhammad Mustufa Colony, Rehmat Chowk,

Sector 11 ½ , Orangi Town, District West, Karachi (declared Katchi

Abadi) (hereinafter referred to as the said Immovable property) during

his life time in full senses without any duress and pressure due to the

love and affection and rendered him services gifted / donated the said

property without consideration

3
to me as his adopted son and being a nephew also in presence of the

witnesses, Mst. Zareena Khatoon wife of donor also signed with her

thumb impression the document being witness who are conversant

with the fact that property has been given to me by the deceased

through vide Written document on stamp paper valued of Rs. 10 dated

27-3-1988 declaring me as shall be fully owner and can transfer the

said property in my own name being owner for me and on my behalf

after completion the all formalities and shall be liable to pay the all

utility bills being owner of the property. (Copy of document dated:

27-3-1988 is enclosed herewith as annexure ‘C’).

6) I say that on the basis of said document / gift dated 27-3-1988

in my favor which was a result of conscious application of mind by

donor / adoptive father without any fraud or undue influence practiced

upon donor, thereafter I moved applications to the concerned

department viz. KESC, SSGC & Water and Sewrage Board to get

them mutate / transfer in my own name in view of the donation dated

27-3-1988. It is further submitted that since then me along with his

family and defendant-1 are / were living in the said house and I am /

was paying all utility bills to the concerned without fail. (Photo

copies of the all three applications are filed herewith as annexure

D, E & F). 7) I say that defendant-1 widow of deceased

Muhammad Usman who is also witness of the said gift document

duly
 4

signed and imposed her thumb impression at the time of execution of

this document and did not raise any objection during the life time of

the deceased Mohammad Usman (adoptive father) or thereafter till

than the month of March, 2013 when I received the electricity bill in

her name as the result of conspiracy prepared with ulterior motives by

the defendant-1 & 2 just to dispossess me from the gifted property.

8) I say It will not be amiss to submit here that defendant-1 who

was residing with me throughout life being mother, after the death of

his husband choose to live with me and slight bitterness was not there

between me defendant-1 but in the month of June, 2012 she left my

house and started to live with the defendant-2 who is my brother-in-

law and main protagonist of the story and wants to usurp my property

with mala-fide intentions.

9) I say that the defendant-2 with the help of Police viz.

defendant-3 extending the threats to evict me from the suit property

ignoring the fact that every Muslim can gift his property to any heir,

other heirs cannot challenge the same. Despite the fact explanation

of gift is also mentioned in the said

document that why was the property gift to his nephew/plaintiff who

is under responsibility to establish beyond the shadow of doubt before

this Honorable Court.

10) I say that under the program and set back, after leaving

5
my house, the defendant-1, 2 & 3 constantly humiliating and

harassing me compelling to vacate the gifted property wherein I am

living being a lawful owner / done since 1988, while the defendants

have no power, prowess and authority which is being used by them to

evict the plaintiff from the gifted property by taking the law in their

own hands. This Honorable Court has empowered to scrutinize the

documentary evidence which is very much in my name after donation

in the year 1988 by donor Mohammad Usman without any exchange

i.e. transfer of property without consideration.

11) I say that I am lawful owner of the suit property, and all three

ingredients are also available in the valid and attested document / gift

deed and have every prima facie case and balance of convenience of

the said suit property are lying also with me.

12) I say that under the circumstances mentioned hereinabove, the

defendant No. 1, 2 & 3 with connivance to each other under criminal

conspiracy and guilty got the lease deed of the gifted property

bifurcating the suit plot into two plots in the name of defendant-1

fraudulently, as the same will be nullity in the eyes of law and shall

be liable to be cancelled, if it was not done so I shall be deprive from

my legitimate right created by the donor in his life time in my favor in

respect of the suit property. It is also submitted that in the

month of

6
March, 2013 due to fraud, bill of electricity was received in the

name of defendant-1 from then KESC. (Copy of Electricity bill is

enclosed herewith as annexure ‘G’).

13) That there is serious apprehension upon the illegal act by

getting lease deed in her favor, the third party interest shall be created

by the hands of defendants without my consent and resultantly I shall

suffer much loss and inconvenience due to the illegal acts of the

defendants, hence this suit.

14) That the suit is in time as throughout I am in possession of the

suit property but after leaving my house, defendant-1 with the

connivance of defendant-2 & 3 attempted to dispossess me on the

basis of alleged ownership in my absence from the gifted house.

15) It is settled law say that cause of action firstly arose when I

received the threats of possession and each envision to his title /

possession shall give rise to fresh period of limitation, hence this

Honorable Court has full absolute authority, competency and

Jurisdiction to proceed, decide, pass Judgment and Decree for grant

the relief (s) and remedies.

16) I say that the cause of action firstly accrued to me on 24 th June,

2013 when the defendant-1 & 2 extended harassment

and humiliation with dire consequences by forcing me to vacate the

gifted premises and with greed to dis-regarded the document dt 27-3-

1988 under which the deceased Mohammad

7
Usman during his life time gifted the suit property to me and upon

donation transferred the all utilities in my name being owner of the

said suit property and since then I am living with my family along

with defendant-1 in the suit property. Secondly on 27th June, 2013

when defednat-3 by showing his power and prowess called me at

Police station namely Iqbal Market and kept me in locker and

enforced me to vacate the said property otherwise will be implicated

in false and fabricated cases and since then the cause of action is

continuing day to day till the filling of this suit for Declaration &

permanent Injunction against the defendants.

17) It will not be amiss to submit here that defendant's attorney who

is main protagonist of the whole drama by making forgery under

which the two lease deed were obtained in the name of defedant-1

who also implicated me in false and fabricated criminal cases but by

the grace of Almighty Allah I am facing consistently the false and

fabricated cases wherein the defendant-1 is not appearing to pursuing

the criminal cases. 18) That for the purpose of court fee and the

jurisdiction, the Suit is valued @ Rs. 10,00,000/- (Ten Lac), required

court fee of Rs. 15,000/- has been affixed on the plaint and this

Honorable Court has empowered to take up the matter for

justification, exercise of Jurisdiction and decision in concinnity and

conformity with the law.

8
19) That the suit property is situated within the territorial limits of

this Honorable Court and defendants are also residing there within the

jurisdiction of Police Station “Iqbal Market” so this Honorable

Court has full authority to try the suit in accordance with law.

20) I say that notices were served upon the defendants who are

appearing and contesting with false and fabricated plea relying upon

forgery.

21) I say that under the above mentioned circumstances a judgment

and decree may be pleased to pass against the defendants as under:

a) Declare that the document dated 27-3-1988 is valid, legal and

subsisting instrument in respect of the house constructed on plot

bearing No. M-245 (New No. 232) Sheet-1, measuring 120 sq. yards,

situated at Muhammad Mustufa Colony, Rehmat Chowk, Sector 11

½ , Orangi Town, District West, Karachi and the plaintiff is lawful

donee and owner of the suit property and having all rights of

managing and residing on it conferred by the deceased Mohammad

Usman during his life time.

b) Declare that the acts of the defendant No. 1, 2 & 3 are void,

illegal and without any justification and preparation of any document

in respect of the suit property would b forged, fake, fraudulent ab-

initio, nullity in law and not binding upon me or my heirs and

liable to be cancelled / struck down with

9
immediate effects. Further may please be directed to the defendant-1

or her companions to surrender the same, if any, before this

Honorable Court.

c) Permanently restraining the defendants and every body for and

on their behalf from giving any effect to the prepared documents, if

any, in respect of the house constructed on plot bearing No. M-245

(New No. 232) Sheet-1, measuring 120 sq. yards, situated at

Muhammad Mustufa Colony, Rehmat Chowk, Sector 11 ½, Orangi

Town, District West, Karachi and to refrain them to take any

advantage or benefit thereof and / or arising out any claim from the

said property on the strength thereof.

d) Award Costs and such other relief (s) and remedies throughout

as may be considered proper, called for and expedient under the

circumstances.

Whatever has been stated above is true to the best of my

knowledge and belief.

DEPONENT
The deponent above named is identified by me to the
commissioner for taking affidavits.
ADVOCATE
Verified on oath at Karachi on this 18th day of January, 2016,
the deponent admitted on solemn affirmation the contents of the
Affidavit-in-evidence to be and correct to the best of my knowledge
and belief.
COMMISSIONER FOR TAKING AFFIDAVIT
 SUIT FOR SPECIFIC PERFORMANCE, DECLARATION,
CANCELLATION AND PERMANENT INJUNCTION

The Plaintiff abovenamed beg to submit all the relevant facts

alongwith grounds as under:-

1. That the plaintiffs being husband and wife are law abiding, peace
loving citizen of Pakistan. The plaintiff No.1 is a good reputable
sports instructor having concerned with noble kind people of society
and his entire carrier is unspotted whereas defendant No.2 being
lady is an school teacher giving education to the students for their
best future never interfere into the matters of others and residing at
above mentioned address alongwith their family.

2. That plaintiff entered into a Sale Agreement, duly attested on

15-09-2004 with the defendant No.1, in respect of property Viz.

Residential Flat bearing No. K-16, 1st Floor at KDA Flats,

Constructed on Plot No. FL-7&8, Sector No. 5-E, Situated

at K.D.A. Scheme No. 41, Surjani Town, Karachi

(hereinafter called the Suit Property), against the total sale

consideration of Rs.2,95,000/- (Rupees Two Lac Ninety Five

Thousand Only).

Photocopy of Sale Agreement is enclosed herewith and

marked as annexure ‘A’.

3. That all the transaction in respect of above suit property held

with the help of defendant No.2 and 3.

4. That the abovesaid suit property contains the loan of House

Building Finance Corporation of Rs. 1,55,000/- (Rupees One

Lac Fifty Five Thousand Only) and according to the sale

agreement dated 15-09-2004, the said loan was also included

with the total sale consideration of the suit property.

Contd/3
 3

5. That defendant No.1 received total sale consideration of Rs.

1,40,000/- from the plaintiff and Rs.1,55,000/- plaintiff paid to

the H.B.F.C., as per the clause 1 of sale agreement and

defendant No.1 in this respect issued a separate receipt whereof.

Photocopy of Sale Receipt is enclosed herewith and marked

as annexure ‘B’.

6. That the defendant No.1 after receiving the sum of Rs.

1,40,000/- from the plaintiff on 15-09-2004, has handed over

vacant physical possession of the suit property to the plaintiff.

7. That the plaintiff after taking possession of the suit property has

done some works of plastering, flooring, fixing door glasses

and furnishing the suit property at his own cost by standing

about Rs. 50,000/-

8. That as per terms and conditions of the sale agreement dated

15-09-2004, the plaintiff remained approaching to the

defendant No. 1, with the request that it would be better to

settle the time of execution of proper title documents in respect

of the suit property but the defendant No. 1, remained avoiding

Contd/4
 4

9. to executed the same and decently in the end of year 2004, the

plaintiff contracted the defendant No.1 and demanded the

property in his name, as usual he initially avoided to face the

plaintiff properly and thereafter started to prolong the matter on

one pretext or the other, which conduct and attitude being

immoral, illegal and against the terms and conditions of the

abovesaid sale agreement was condemned, protested and

opposed by my client but the defendant No.1, neither paid heed

towards my client’s justified demand nor realized his legal

obligations regarding transfer of the suit property.

10. That by the passage of time, the value of the suit property has

been much increased and then plaintiff came to know that the

defendant No.1, being turned dishonest is trying to sell out the

suit property with the help of defendants No.2 & 3of the

plaintiff to any other party, which desire, effort and wish of the

defendant No.1, if any is against the law and also an ill attempt

to deprive of the plaintiff from his legal rights by ruining down

settled principles of law as well as constitution of Islamic

Republic of Pakistan.

Contd/5
 5

11. That the plaintiff himself and through respectable persons of the

locality tried his level best to incline the defendant No. 1, for

desisting from his illegal conduct, immoral attitude, ill designs

and unlawful activities and further to perform his moral and

legal obligations regarding transfer of the suit property in

favour of the plaintiff but all such efforts of the plaintiff went

into vain due to obstinacy of the defendant No. 1, while on the

contrary he without any reason or moral cause started issuing

threats for dire consequences to the plaintiff, due to which the

plaintiff suffered with serious mental torture, mental agony,

physical inconvenience as well as financial losses, hence the

plaintiff being constrained sent an application to MNA namely

Muhammad Hussain and request for stopping the illegal

threatening of the defendants.

Photocopy of Application is enclosed herewith and marked

as annexure ‘C’.

12. That the defendant No. 1 is a person of very aggressive type

and he started to visit the suit property in the last week of June

2004, and advanced

Contd/6
 6

threats to dispossess the plaintiff from the suit property by

adopting illegal means and by show of force and falsely alleged

that he has cancelled the abovesaid sale agreement in respect of

the suit property and further alleged that he has sold the suit

property to any other party and demanded vacant physical

possession of the same from the plaintiff.

13. That the defendant No. 1 as well as defendant No.2&3 , are

trying to dispossess the plaintiff by show of force with malafide

and dishonest intention, it is further submitted that such

attempts were made by the defendants, tries in the last week of

June 2004, whereupon the plaintiff made protest with the result

that well wishers neighbors and respectable persons of the

locality gathered in front of the suit property and all advise of

defendant No.1 that he should not take law into his own hands

and consequently the defendant No. 1 went away at that time

while further threatening that next time he will come with some

persons / gunda elements and they will attack with full force

very shortly and under the circumstances explained in the

forgoing paras it is

Contd/7
 7

14. apprehended that the plaintiff shall be dispossessed illegally &

by show of force at any movement at the hands of defendant

No.1, 2 & 3, hence this suit for injunction and other reliefs.

15. That the plaintiff being a bonafide purchaser of the suit

property and having lawful possession of the same cannot be

dispossess by show of force except due course of law. It is also

submitted that the defendant No. 1, who has received full and

final amount of sale consideration of the suit property, never

intimated the plaintiff regarding alleged cancellation of the sale

agreement and thus if any such one sided action has been taken

by the defendant No.1, by adopting illegal means more

particularly without issuing any notice to the plaintiff, it shall

be highly illegal and against the natural justice and the plaintiff

deserves his all legal rights for taking legal action as and when

such alleged illegal cancellation comes into knowledge of the

plaintiff with some documentary proof.

16. That the defendant No.1, and his companions are creating

harassment and are attempting to dispossess

Contd/8
 8

the plaintiff from the suit property illegally by show of force

and without due course of law, whereas the present dispute is a

civil nature, hence it is to be decided by the civil court, but the

defendant No.1, is avoiding to approach any court of law and

using illegal means to achieve his illegal goal.

17. That the defendant No.1, is legally bound to execute title

documents in respect of the suit property in favour of the

plaintiff against the settled price viz. total cost of Rs.2,95,000/-,

whereas the defendant No.1, has already received the amount of

Rs. 1,40,000/- and the plaintiff paid Rs.1,55,000/- to the

H.B.F.C. and clear all loan, at the time of execution of sale

agreement dated 15-09-2004, therefore the plaintiff is entitled

to a decree for specific performance of the sale agreement and

the plaintiff is also entitled for grant of injunction, so that the

plaintiff could not be dispossessed from the suit property except

by due course of law.

18. That the defendant No. 2 & 3 are also involved in whole

transaction in different manners and they are now treating

as one sided in favour of defendant

Contd/9
 9

No.1, and under the facts and circumstances of the case they

also must be restrained.

19. That the cause of action accrued to the plaintiff and against the

defendant No. 1, when the defendant No. 1, sold the suit

property to the plaintiff through the sale agreement dated 15-

09-2004, and when the plaintiff was put into possession to

materialized the sale agreement of the suit property and on

subsequent dates when despite of demands and requests of the

plaintiff, the defendant No.1 initially avoided and finally

refused to obtain title documents of the suit property in favour

of the plaintiff, thereafter when the defendant No.1, being

turned dishonest started negotiations to sell out the suit property

to any other party and when the defendant No.1 alongwith

defendant No. 2 and 3, started to visit the suit property and advanced

threats to dispossess the plaintiff by show of force directly and

indirectly and in the last week of June 2005, the agents of the

defendant No. 1, once again attack and tried to dispossess the

plaintiff from the suit property under the shelter of defendant No.

2&3, by show of force and the same is continued day to day till the

suit of the plaintiff is decreed.

Contd/10
 10

20. That the suit property is located within the local limits of P.S.

_________________, Karachi, which is within the jurisdiction

of this Hon’ble Court.

21. That the suit is valued at Rs. 2,90,000/- for specific

performance of the agreement Rs. 2,000/- for declaration and

Rs.2,000/- for injunction, hence the maximum court fees of

Rs.15,000/- has been affixed thereon.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court

may be pleased to pass judgement and decree in favour of the plaintiff

and against the defendants in the following manner:

a). To declare that the plaintiff is a lawful owner and bonafide

purchaser of the suit property, viz. Residential Flat bearing No. K-16,

1st Floor at KDA Flats, Constructed on Plot No. FL-7&8, Sector No. 5-

E, Situated at K.D.A. Scheme No. 41, Surjani Town, Karachi, having

purchased the same against total sale consideration of Rs.2,95,000/- from

the defendant No.1, through sale agreement dated 15-09-2004, and he is

entitled for execution of title documents of the same (as the case may be) in

his favour.

Contd/11
 11

b). To direct the defendant No. 1, for execution of title documents

or to cause for mutation of the suit property in favour of the plaintiff,

who is lawful owner / purchaser of the same and / or in any other case

the Nazir of this Hon’ble Court may be directed to execute the same

and / or cause for mutation of the suit property in favour of the

plaintiff, as he paid total sale consideration to the defendant No.1.

c). To grant permanent injunction against the defendant No. 1,

thereby restraining the defendant No. 1, his agents, servants,

colleagues, representatives and / or anybody else acting through him

or on his behalf from interfering with the possession of the plaintiff in

respect of the Residential Flat bearing No. K-16, 1st Floor at KDA

Flats, Constructed on Plot No. FL-7&8, Sector No. 5-E, Situated

at K.D.A. Scheme No. 41, Surjani Town, Karachi, in any manner of

whatsoever in nature except due course of law or alternatively the

defendant No.1, may be directed to pay a sum of Rs. 5,00,000/-

against the suit property to compensate the plaintiff since the market

value of the suit property has been now much increased.

Contd/12
 12

d). To grant permanent injunction against the defendant No.1, 2 &

3, thereby restraining them, their agents, subordinates, servants,

colleagues and / or anybody else acting through them or on their

behalf from transferring the suit property or any other document

regarding transfer of the suit property in the name of any other party

except the plaintiff, in any manner whatsoever in nature except due

process of law.

e). Cost of the suit and / or any other relief, which this Hon’ble
Court may deem fit and proper in the circumstances of the case may
be granted.

PLAINTIFF

Karachi.
Dated: -07-05 ADVOCATE FOR THE PLAINTIFF

VERIFICATION
I, Ghulam Sabir S/o Shahabuddin, Muslim, Adult, R/o Karachi, the
plaintiff in the above matter do hereby solemnly affirmed and verify
on Oath that the contents of all the above paras including prayer
clauses are true and correct to the best of my knowledge and belief.

Karachi:
Dated: -07-2005 DEPONENT
Identified by me.
ADVOCATE
Contd/13
 13

Sworn before me on Oath at Karachi by the deponent abovenamed

who is identified to me by MR. YOUSUF ALI Advocate, who is

known to me personally.

COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENT FILED As per annexures.

DOCUMENTS RELIED UPON Original of the Annexures, and all
other relevant documents.

ADDRESS OF THE PARTIES As in Title.

ADDRESS FOR SERVICE OF

PLAINTIFF’S COUNSEL. As in Vakalatnama.
 IN THE COURT OF SR. CIVIL JUDGE WEST AT
KARACHI

Civil Suit No. / 2005

Ghulam Sabir------------------------------------------------PLAINTIFF

VERSUS

Kishor Ali & Others----------------------------------------DEFENDANTS

APPLICATION U/O XXXIX RULE 1 & 2 CPC,

R/W SECTION151 CPC.
For the facts and reasons disclosed in the accompanying
affidavit, as well as in the memo of plaint, it is respectfully prayed on
behalf of the plaintiff abovenamed that this Hon’ble Court may
graciously be pleased to grant interim injunction against the
defendants thereby restraining the defendant No.1, their agents,
servants, employees, nominees, colleagues, persons, representatives,
workers, attorneys and / or any body else acting on their behalf or in
their name, from selling mortgaging, transferring / mutating the
property Residential Flat bearing No. K-16, 1st Floor at KDA Flats,
Constructed on Plot No. FL-7&8, Sector No. 5-E, Situated at K.D.A.
Scheme No. 41, Surjani Town, Karachi and / or creating any third
party interest in the same, in any manner whatsoever in nature without
due course of law, till final disposal of the main suit.

Ad-interim orders for maintaining status quo are solicited.

The prayer is made in the interest of justice.

Karachi:
Dated: -07-2005 Advocate for the Plaintiff

IN THE COURT OF SR. CIVIL JUDGE WEST AT

KARACHI

Civil Suit No. / 2005

Ghulam Sabir------------------------------------------------PLAINTIFF

VERSUS

Kishor Ali & Others----------------------------------------DEFENDANTS

AFFIDAVIT
I, Ghulam Sabir S/o Shahabuddin, Muslim, Adult, R/o Karachi,
do hereby state on Oath as under:-

1. That I am plaintiff in the above titled suit and deponent of this

affidavit, as such am fully conversant with the facts of the matter
deposed to below.

2. That the accompanying application U/o 39, Rule 1 & 2 CPC

R/w Section 151 CPC has been drafted and filed under my
instructions and the contents whereof are true and correct and the
same alongwith contents of the memo of plaint may please be treated
as part of this affidavit for the sake of brevity.

3. That I say that I have purchased the suit property from the
defendant No.1, against total sale consideration of Rs. 2,95,000/-, I
have received the vacant peaceful physical possession of the suit
property, while as per terms and conditions of the sale agreement
dated 15-09-2004.

4. That I say that the defendant No.1, being turned dishonest has
refused to fulfill his legal obligations for transfer of the suit property
in my favour and on the contrary he has been & is trying to dispossess
Contd/2
 2

me from the suit property illegally by show of force and without due
course of law and there is serious apprehension that I will be
dispossessed at the hands of defendant No. 1 and his companions at
any movement from the suit property.

5. That I say that I have a good prima facie case, balance of

convenience lies in my favour and until and unless accompanying
application is granted as prayed I will be seriously prejudiced and
shall suffer irreparable loss.

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

knowledge and belief.

Karachi:
Dated: -07-2005 DEPONENT
Identified by me.
ADVOCATE
Sworn before me on Oath at Karachi by the deponent abovenamed
who is identified to me by MR. YOUSUF ALI Advocate, who is
known to me personally.

COMMISSIONER FOR TAKING AFFIDAVITS

 IN THE COURT OF SR. CIVIL JUDGE WEST AT
KARACHI

Civil Suit No. / 2005

Ghulam Sabir------------------------------------------------PLAINTIFF

VERSUS

Kishor Ali & Others----------------------------------------DEFENDANTS

LIST OF LEGAL HEIRS

1.

2.

3.

4.

In case the death of plaintiff, one of the legal heir mentioned

above shall appear / intimate this Hon’ble Court.

Karachi:
Dated: -07-2005 Advocate for the Plaintiff
 IN THE COURT OF SR. CIVIL JUDGE WEST AT
KARACHI

Civil Suit No. / 2005

Ghulam Sabir------------------------------------------------PLAINTIFF

VERSUS

Kishor Ali & Others----------------------------------------DEFENDANTS

ADDRESS FOR SERVICE OF PLAINTIFF

Ghulam Sabir

S/o Shahabuddin,

R/o H.No. 39/A,

Near Patrol Pump, Marton Road,

Karachi

Karachi:
Dated: -07-2005 Advocate for the Plaintiff