 Student Name.

: Zeeshan Hyder
 Student ID. : BL-0713
 Subject. : Legal Drafting II
 Activity. : Final Term Examination
 Class. : BA-LLB VIIITH Sec B

……………………… Section A………………………

 Qno.2.
 Answer. Draft Of A Written
Statement.

IN THE COURT OF 2nd SENIOR CIVIL JUDGE,

HYDERABAD

2nd Class Suit No. 01 of 2008.

Muhammad Wahid Shaikh ……………. Plaintiff.

Versus
Muhammad Asif ……… Defendants

WRITTEN STATEMENT.

The defendant after going through the contents of plaint,

submits his written statement as under:-

1. That the contents of Para No.1 are vehemently denied.

Plaintiff be put to strict proof.

2. That the contents of Para No.2 of the Plaint are denied

vehemently. It is submitted that neither defendant sold

out the suit property nor any sale deed was executed by
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him. But the defendant had paid the plaintiff a amount of

Rs.50000/- Which the Plaintiff has to be paid later on. But

the plaintiff had not paid the respective amount given by

the defendant so he wants to mislead the court by

instituting a false claim against the defendant. The Sale

deed produced by the plaintiff is totally false fabricated

and forged one. The value of the above suit mentioned in

plaint which is 56000/- while according to market the

value of the property is Rs.20000/-. Thus the defendant in

counterclaim pursue the amount of Rs.50000/- that he

paid to the plaintiff.

3. That the contents of Para No.3 of the Plaint are totally

denied. It is submitted that since no sale transaction has

taken place between the plaintiff and defendant, therefore,

question of request by the defendant to keep possession of

the suit property does not arise. The story set out by the

plaintiff appears to be managed one and in order to usurp

the suit property of the defendant and also want not to pay

the money he taken from the defendant.

4. That the contents of Para No.4 of the Plaint are also denied

being false, fabricated and concocted one.

5. That the contents of Para No.5 of the Plaint, it is submitted

that the defendant is real owner of the suit property that’s

why the defendant has right to occupy the suit property.

6. That the contents of Para No.6 of the Plaint is denied. It is

submitted that the plaintiff has no cause of action to file

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the present suit as no any sale transaction has taken place

between the parties in respect of the suit property.

7. That the contents of Para No.7 of the Plaint, is totally false

with regard to the Court fees act and this Plaint is liable to

be rejected on the ground of this Plaint is improper valued

according to the Court fee act.

8. That the contents of Para No.8 of the Plaint are admitted.

9. That with regard to prayer clause of the plaint, it is

submitted that the defendant never sold out the suit

property to the plaintiff but the plaintiff has prepared false,

forged sale deed with forged signatures of the defendant,

therefore, he is not entitled to relief as prayed in the suit.

The defendant being owner of the suit property is in

possession of the same within his own rights and plaintiff

has no concern with the suit property, therefore, suit is

liable to be dismissed with costs.

Hyderabad,
Dated.17.04.2008. Defendant.

V E R I F I C A T I O N.
I, Muhmmad Asif S/o Muhammad Qasim adult,
Muslim r/o House No.E-28-2353, Chotki Ghiti Warwar Kubbi Line
Hyderabad do hereby verify on oath that whatever stated above is
true and correct to the best of my knowledge and belief.

Deponent.
The deponent above named is identified by me to
commissioner for taking affidavit.

Advocate
The deponent above named has been identified by Mr. Abdul
Wahid Khan advocate, who is know to me.
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Commissioner for taking affidavit.

Contents of above affidavit were truly and audibly read over

and explained to the deponent in his mother tongue i. e Sindhi and
he understood the same to true and correct and put his signature/
LTI in my presence.

Commissioner for taking affidavit.

Documents filed with.
Nil

 Qno.1.
 Answer. Ejectment Application.

IN THE COURT OF RENT CONTROLLER/SENIOR CIVIL JUDGE

NO. HYDERABAD

Rent Appl. NO. OF 2013.

Mst. Salma Faiz Begum Wd/o Late Faiz Muhammad Shah,

Muslim, adult, by caste Syed,

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r/o House No.F/1 Barrage Colony, Hyderabad,

District Hyderabad -------------------- Applicant.

VERSUS

Farhan Khan S/o Abdul Sattar Khan,

Muslim, adult, tenant and occupant of

Shop No.1 (privately numbered) situated

On ground floor of property No.A114/336

Near Civil Hospital Lal Bati Hirabad

Hyderabad. ---------------- Opponent.

APPLICATION U/S 15 of SINDH RENTED PREMISES

ORDINANCE, 1979

The applicant above named respectfully submits as

under:-
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1. That the applicant is co sharer/landlord of shop No.1

situated on ground floor of property bearing No.A-114/336
near Civil Hospital Lal Bati Hirabad Hyderabad.

2. That the applicant’s son namely Shafqat Ali Shah (co sharer)
let out the shop in question to the opponent being attorney of
the applicant and had executed rent agreement 01.08.2011
at the monthly of Rs.25000/- in presence of witnesses.
Photostat copy of Rent agreement is submitted herewith as
Annexure A.

3. That at the time of execution of rent agreement and delivery

of possession of rented shop, the opponent had paid an
amount of Rs.100,000/- as advance with son of applicant
namely Shafqat Ali Shah, which is lying with him.

4. That the opponent used to pay the rent to the applicant’s son
Shafqat Ali Shah, however, some dispute between the
applicant and other co sharers with her above named son
arose therefore, the other co sharers also appointed the
applicant to receive rent from the opponent/tenant and the
opponent started paying rent to the applicant on which the
applicant’s son Shafqat Ali Shah became annoyed and filed
Rent application against the opponent in which the opponent
filed his objection admitting that he is paying the rent of the
shop in question to the applicant. . Photostat copy of Rent
Application and objections are filed as Annexure B and C.

5. That due to misuse of power of attorney by the applicant’s

above named son, the applicant filed F.C. Suit No.231/2013
in the court of 1st Senior Civil Judge, Hyderabad in which the
parties arrived at compromise and consequently suit was
decreed in terms of compromise whereby the power of
 7

attorney in favour of applicant’s son Shafqat Ali Shah was

cancelled/ revoked. P.S. copy of Certified copy of decree is
submitted as Annexure D.

6. That when applicant’s son Shafqat Ali Shah filed Rent

application against the opponent, all the co sharers in the
property except Shafqat Ali Shah asked the tenants to pay
rent to the applicant and therefore, they used to pay the
same to the applicant.

7. That the applicant is the landlord/co sharer in respect of the

shop in question, therefore, the opponent is bound to pay the
rent to her but he has failed to deposit /pay the rent to the
applicant without any reason or lawful justification since
August, 2013 as such he has become a willful defaulter in
payment of rent.

8. That the applicant approached the opponent for payment of

the rent of the shop in question but he kept her on false
hopes on one or the other pretext and lastly about one month
back refused to pay the same.

9. That the applicant also require the shop in question for her
bonafide use as her son as well as co sharer namely Syed
Mansoor Ali Shah is jobless and intend to start business in
the shop in question.

10. That the applicant also approached the opponent to

vacate the shop on account of her personal bonafide use and
shown the reason that her son intends to run the business
but he failed to vacate the same.
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11. That despite of repeated approach the opponent have

not vacated the shop in question, hence he is liable to be
vacated on the ground of rent agreement.

12. That required court fee of Rs.15/- has been affixed.

13. That the applicant, therefore, prays as under:-

PRAYER

a) That this Honourable court may be pleased to eject the

opponent directing him to vacate the shop in question
and handover vacant physical possession to the
applicant;

b) Any other relief which this Honourable Court deems fit

and proper;

Hyderabad/dated -11-2013. Applicant

V E R I F I C A T I O N.
 9

I, Mst. Salma Faiz Begum Wd/o Late Faiz Muhammad

Shah, Muslim, adult, by caste Syed,r/o House No.F/1 Barrage
Colony, Hyderabad, District Hyderabad, do hereby state on oath
that whatever stated above is true and correct to the best of my
knowledge and belief.

Hyderabad.

Dated -11-2013. Deponent

The deponent is known to me and is identified by me to

the Commissioner for taking oath.

Advocate

The deponent is identified by Mr. ____________________

Advocate, who is personally known to me.

Commissioner for taking oath.

On oath before me, the contents of this application were

first audibly and truly read over an explained to the deponent in
 10

Urdu Language and he appears to have fully understand the same

and admits to be true and signed in my presence.

Dated Nov. , 2013.

Commissioner for taking oath

……………………… Section B………………………….

 Qno.3.
 Answer. Equitable Mortgage.

 An equitable mortgage is created by the borrower in

favour of the lender by deposit of title deed of immovable
property as security to a lender until the loan is fully
repaid. This creates a charge on the property, though
no legal procedure is involved. The deposit of title deed
may or may not have been officiated by way of a written
a Memorandum of Deposit of Title Deeds. Even in the
absence of any such Memorandum (a written
document), Equitable Mortgage is created when title
deeds are deposited with the lender.
 The borrower takes money from the lender and keeps
his/her property as a security against the loan amount
taken.
 11

Draft Of a equitable mortgage deed.

 Mumtaz Ali Proprietor of the business carried on by him

proprietor under the name and style of RC Builders
(hereinafter called the Firm.) having its office at Gulberg Plaza
2nd floor/residing at No. 12 (hereinafter called the Borrower.)
attended at Faisal Town Branch Office of Al-Habib Bank at
Karachi (hereinafter called .the Bank.) on the 13 th day of July
2010 and there deposited with the Bank in the presence of
Anwar Hussain and Qadir Bux two of the Officers/employees
of the Bank, the documents of title mentioned in the First
Schedule hereto relating to the Borrower’s unencumbered
immovable property/properties (covered by the said title
deeds) and particularly described in the Second Schedule
hereto with intent to create in favour of the Bank a first
mortgage of the said immovable property/ properties and all
the factories, buildings, structures, immovable plant and
machinery erected on or affixed to or situated on the said
immovable property/ properties and any other buildings,
factories, structures, immovable plant and machinery which
might hereafter be erected on or affixed to or situated on the
said immovable properties as security for the credit facilities
granted or to be granted as and by way of Overdraft and/or
Cash Credit and/or Loan and/or guarantee and/or other
banking/financial facilities by the Bank to the Firm/Borrower
with all interest, costs (as between attorney and client),
expenses and other moneys due to the Bank by the Firm/
Borrower and also as security for the due payment on
demand to the Bank by the Firm/Borrower of all other
present and future indebtedness and liability of the
Firm/Borrower to the Bank and that Mumtaz Ali, the
properietor of the Firm/Borrower also acknowledged that the
maximum amount intended to be secured by the Mortgage
created as aforesaid was for the purpose of Section 79 of the
 12

Transfer of Property Act, 1882 but for no other purpose and

without prejudice to the Firm’s/Borrower’s full liability to the
Bank under the said Mortgage fixed at Rs. 5 million.

 Qno.4.
 Answer.

o General Power of Attorney means that Attorney may perform

more than one job on behalf of the Principal and all his acts
will be binding on the Principal as done by him and under his
authority.
o In this situation, the agent can perform almost any act as the
principal, such as opening financial accounts and managing
personal finances. A general power of attorney arrangement is
terminated when the principal becomes incapacitated,
revokes the power of attorney or passes away.
o All the documents written as a Power of Attorney should be
authenticated by a Notary Public, any Court, Judge,
Magistrate, Pakistan Consul or Vice-Consul, or representative
appointed by the Federal Government, and then it will be
presumed correct.

 Draft Of Power Of Attorney.

KNOW ALL MEN BY THESE PRESENTS THAT I, Zeeshan

Hyder (“the Principal”), holder of 3456 number 13 and
residing at defense phase ii Clifton Karachi do hereby make
and appoint as my lawful attorney for me and in my place
and in my stead Mulazim Hussain (“the Attorney”), holder of
567 number 50 and residing at Jauhar Complex Near Iqra
University empowering him/her to do all of the following and
 13

do hereby ratify and endorse all those things which my true

and lawful attorney may do or cause to be done:

1. Generally to exercise full control over any and all of my

property including but not limited to the rights to manage,
control, operate, improve, transfer, sell, mortgage, lien,
destroy and dispose of said property absolutely in any
manner that the Attorney may in their absolute discretion
see fit and without any obligation to give reasons or
justification as if the said assets were the property of the
Attorney absolutely.

2. of any and all income or capital benefit from any and all of
my property including but not limited to trading income,
passive income of any source, rental income, income from
dividends, shares, income from employment, pensions,
trusts, annuities, bequests, legacies and from any other
property as if that income and capital were the property of
the Attorney absolutely and without any obligation to give
reasons or justification for their actions.

3. To agree, negotiate and make any agreement, promise or

undertaking concerning my property with any third party
whether written or not and on such terms and for such
consideration as the Attorney may in their absolute
discretion see fit.

4. To settle and make payment of any and all debts, taxes,

charges, professional fees and other obligations or
liabilities due to me whether by payment of cash or by the
transfer, assignment or sale of my property.

5. To sign and execute on my behalf any and all documents

and formalities which the Attorney in their absolute
discretion considers to be necessary to or conducive to the
 14

execution of any of the powers set out in this general

power of attorney including but not limited to the
executing and signing of deeds, contracts, agreements,
declarations, mortgages.

6. To sue or bring other legal action on my behalf against any

third-party for whatever reason the Attorney may in their
absolute discretion see fit and to settle said legal action by
any means the Attorney may see fit including the making
and accepting of out of court settlements.

7. To appear in my name and in my stead before any

competent court and legal or public authority including
but not limited to all national and federal tax authorities.

8. To do or undertake any other action which my Attorney

may in their absolute discretion deem necessary or
conducive to the exercise of the powers contained within
this general power of attorney.

This General Power of Attorney shall be effective from the

date of its execution and shall remain in force indefinitely
unless revoked.

Signed this 14th of May, 2019in the presence of two

independent witnesses.

Principal

We, the undersigned witnesses, do hereby declare under penalty

of perjury that we have witnessed the Principal whose name,
identity and handwriting are known to us signing and executing
this General Power of Attorney in our presence. Further we
declare that we are not related to the Principal by blood nor by
 15

marriage nor by adoption nor are we involved in providing

medical treatment to the Principal nor are we beneficiaries
under the Principal’s Last Will and Testament and that the
Principal appears, in our best judgement, to be acting in sound
mind, voluntarily and free from external influences, stress,
duress and undue influence.

Shafqat Hussain……………….. Witness 1

Nayyar Plaza
Flat no 12 Nippa Chowrangi

Shahbaz Nadeem………… Witness 2

Bukhari complex
House. No 13
Rashid Minhas Road Karachi