1

IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE.

Civil Suit No.____________/2010

MIAN BABER SAEED son of Mian Shakoor Ahmed,

resident of House No.57, Istiqlal Street, Sahwari,
Shalamar Link Road, Lahore

….PLAINTIFF

Versus

MUHAMMAD BASHIR BUTT son of Nizam-ud-Din Butt,

Caste Kashmiri, resident of
1). House No.27, Street No.32, Mustafa Abad, Lahore.
2). Kothi No. 100-A, Railway Colony, Naach Ghar, Lahore.
3). Holmlia Senter vei 19 1255, Oslo, Norway.

……DEFENFENT

________

SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT

WITH PERMENANT INJUNCTION.
________

RESPECTFULLY SHEWETH:

Briefly stated facts giving rise to the instant suit

before this Honourable court are that the plaintiff made an agreement to
sell with defendant of land measuring 28-Kanals bearing Khewat No.351,
Khotni No.724, situated at Hadbast Mouza Kamaha, Tehsil Cantt Lahore,
Lahore in consideration was agreed at Rs.1,85,00,000/- and plaintiff paid
an amount of Rs.40,00,000/- as earnest money to the defendants. It was
inter alia agreed between the parties that the balanced consideration
amount of Rs.1/4 of total amount would be paid within one year i.e.10-
06-2010 and the defendants would execute sale deed in favour of the
2

plaintiff after receiving of the said balanced consideration amount. The

defendants executed Agreement to Sell dated 10-04-2010 in favour of the
plaintiff after receiving the balance amount by putting his signature and
thumb impression in presence of witnesses. A copy of Agreement to Sell
dated 10-04-2010 is enclosed herewith this plaint for the kind perusal of
this Honourable Court.

3. That the possession of the suit property was not handed over
to the plaintiff at the time of execution of Agreement to Sell dated 10-04-
2010.

4. That after the plaintiff time and again requested the

defendants to receive the balanced consideration amount and to execute
the sale deed in his favour as per the terms and conditions of the
Agreement dated 10-04-2010 but the defendants always delays the matter
on one pretext or the other. Now a week ago the defendants have flatly
refused to execute sale deed in favour of the plaintiff and for transfer
back land to plaintiff without any lawful reason and justification. Hence
this suit.

6. That cause of action accrued in favour of the plaintiff and

against defendants on 10-04-2010 when the defendants entered into an
Agreement with the plaintiff, thereafter on each and every demand of the
plaintiff and lastly a week ago when the defendants flatly refused to
honour the terms and conditions of the Agreement to sell and execute
sale deed in favour of the plaintiff and for transfer of land in favour of
plaintiff without any legal justification. The cause of action is still
continued.

7. That suit property is situated at Lahore, parties reside at

Lahore, Agreement to sell also executed at Lahore and the cause of
action accrued at Lahore, therefore, this Honourable Court has got
jurisdiction to entertain and adjudication upon the matter.
3

8. That value of the suit property for purpose of court fee and
jurisdiction is fixed at about Rs.15000/- and the requisite court fee would
be affixed as per directions of this Honourable Court.

For the foregoing humble submissions, it is most humbly

and respectfully prayed that a decree for the specific performance of
agreement to sell may kindly be passed in favour of the plaintiff and
against the defendants by directing the later to executed Sale Deed of
the suit land measuring land measuring 24-Kanals falling in Khwaet
No.351, Khatoni No.724 situated at Kamaha, Lahore Cantt, Lahore in
favour of plaintiff keeping in view the terms and conditions of the
Agreement dated 10-04-2010, to meet the ends of justice.

It is further prayed that any other relief found just and

proper in the circumstances of the case may also be granted in favour of
the plaintiff and against the defendant, to secure the ends of justice.

Costs of the suit may also be awarded to the plaintiff.

PLAINTIFF
Through

EHSAN ALI BHATTI

Advocate High Court,
30-Mclagon Road, Lahore.

VERIFICATION

Verified on oath at Lahore, this the 19th day of January, 2011 that
the contents of paragraph No.1 to are true and correct to the best
of my knowledge and rest of paragraph No. to are correct to
the best of my belief.

PLAINTIFF
4
5

IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE

Civil Suit No.____________/2010

In re:

Mian Babar Saeed……….Verus………. Muhammad Bashir Butt.

(SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT
WITH PERMANENT INJUNCTION)
___________

AFFIDAVIT of Mian Babar Saeed son of Mian Shakoor Ahmed,

Resident of House No. 57, Istaqlal Street, Sahowari,
Shalamar Link Road, Lahore.
___________

I, the above named deponent do hereby solemnly affirm and

declare as under:-

That contents of the accompany application are true and

correct to the best of my knowledge and belief and nothing

material has been suppressed from this Honourable Court.

DEPONENT

VERIFICATION:

Verified on oath at Lahore, this the 3rd day of August, 2010

that contents of the above affidavit are true and correct to
the best of my knowledge and belief.

DEPONENT
6

IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE

Civil Suit No.________/2010

In re:

Mian Baber Saeed………. Versus ……. Muhammad Bashir Butt

__________

APPLICATION under Order 39 Rules 1 & 2 read with

section 151 CPC for grant of Interim Relief.
________

RESPECTFULLY SHEWETH:
That contents of the suit may kindly be read as integral
part of this application on the basis whereof the petitioner has a very
good prima facie case to succeed before this Honourable Court.

2. That the petitioner has paid a huge amount to the respondent

and also spent handsome amount for construction over the suit property,
therefore, balance of convenience and inconvenience lies in favour of the
petitioner.

3. That in case the respondent is not restrained from alienating and

interfering into the suit property, the petitioner will suffer an irreparable
loss and injury.

IT IS, THEREFORE, respectfully prayed that till the final

decision of main suit the respondent may very kindly be restrained from
alienating the suit property to any body else and also from interfering
into the peaceful and lawful possession of the petitioner in any manner
whatsoever, to meet the ends of justice.

PETITIONER
Through

COUNSEL
Dated: 03.08.2010
7