Plaint by Shahzaib

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IN THE COURT OF SENIOR CIVIL JUDGE

LAHORE.

Civil Suit No.___________/2024

1. MUHAMMAD WASI son of KHURSHEED AHMAD R/o


House No.206-E, Street No.3, Firdous
Park, Masat Iqbal Road, Lahore.

….Plaintiff
V E R S U S

2. MUHAMMAD SAEED son of Muhammad Sharif


R/o House No.106-A, Street No.2, Firdous
Park, Masat Iqbal Road, Lahore.
3. ZAFAR IQBAL son of Iqbal Hussain R/o House
No.106-A, Street No.2q, Firdous Park,
Masat Iqbal Road, Lahore
4. AHMAD NAVEED son of Naveed Aziz resident
of Raiwind Road, House No.162, Block
Bolan, Mohallah Rachna Bagh, Sardar
Housing Society, Lahore.

Defendants

SUIT FOR DECALARATION TO THE EFFECT THAT


PLAINTIFF IS SOLE, EXCLUSIVE, LEGAL AND LAWFUL
OWNER IN POSSESSION OF SUIT PROPERTY IN VIRTUE OF
SALE DEED DATED 25-01-2017 AND FOR PERMANENT
INJUNCTION.

Respectfully Sheweth:-
1. That the addresses of the parties are true

and correct for the effective service upon

the parties by this Learned Court.

2. That the brief facts of the instant suit

are that defendant no 1 being owner of a


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double storey house No.206-E, Street No.3,

Firdous Park, Masat Iqbal Road, Lahore,

measuring 5-marlas rented out the same to

the plaintiff against the monthly rent of

Rs.20,000/- in the month of January 2011 and

same tenancy remained intact between the

parties till December 2016. Copy of tenancy

agreement is attached herewith for kind

perusal of this Hon’ble Court.

3. That thereafter the defendant no 1 signed

sale deed dated 25.01.2017 with the wife of

plaintiff for the sale of upper portion of

suit property (hereinafter shall be referred

as suit property) to the plaintiff against

the consideration amount of Rs.40,00,000/-.

The defendant received whole consideration

amount of Rs.40,00,000/- from the plaintiff

against the sale of upper portion of suit

property and promised that he will transfer

the suit property in the name of plaintiff

on the demand of plaintiff.

4. That the plaintiff is enjoying the peaceful

and lawful possession of the suit property

and is also paying the utility bills to the


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concerned authorities. Copies of paid

utility bills are attached herewith.

5. That the plaintiff approached the defendant

no 1 and requested to transfer the suit

property in the name of plaintiff but the

defendant started to lame excuse on one

pretext or the other.

6. That the plaintiff had already paid full

and final consideration to the defendant

no 1 and nothing is due towards the

plaintiff.

7. That the plaintiff came to know that the

defendant no 1 is suffering from serious

health issue and unable to talk, defendant

no 2, uncle of defendant no 1 took him to

his house with the intention transfer the

suit property to any one else just to

deprive the plaintiff from the suit

property, if he is not restrained from his

illegal acts and designs, the plaintiff

shall suffer irreparable loss and injury.

8. That one day ago plaintiff again

approached the defendant no 2 and 3 and

requested not to make hurdles in the


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execution of sale deed and transfer the

suit property in the name of plaintiff and

not to sale out the same to any one else

but the defendant no 2 and 3 flatly refused

to listen the genuine request of the

plaintiff and defendant no 3 started

harassing the plaintiff, hence this suit.

9. That the cause of action accrued in favour

of the plaintiff and against the

defendants due to the facts and

circumstances mentioned above and the same

is still continues due to the refusal of

the defendants.

10. That the suit property is situated in

Lahore, cause of action accrued at Lahore,

hence this Hon’ble Court has got

jurisdiction to adjudicate upon the

matter.

11. That the value of the suit for the purpose

of court fee and jurisdiction is fixed at

Rs.40,00,000/- and the requisite court fee

shall be affixed as per order of this

Hon’able Court.
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PRAYER:
In view of the above submissions, it

is respectfully prayed that a decree for

declaration of right may kindly be passed

in favour of the plaintiff and against the

defendant, directing the defendant to

transfer the suit property in the name of

the plaintiff through registered sale

deed.

It is further prayed that the

defendant may kindly be restrained from

selling, alienating or transferring the

suit property in any manner whatsoever and

the defendant also be restrained from

interfering in the peaceful possession of

the plaintiff over the suit property.

Any other relief to which the plaintiff


is found entitled may also be granted.
Costs of the suit may also be awarded
against the defendants.

Plaintiff

Through

Shahzaib Awan
Advocate High Court
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VERIFICATION:

Verified on oath at Lahore on 2nd day of April

2024, that the contents of paras 1 to 8 are

correct to my knowledge and the remaining paras

9 to 11 thereof are correct to information and

belief.

Plaintiff
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IN THE COURT OF SENIOR CIVIL JUDGE


LAHORE.

In Re;-
Muhammad Wasi
V E R S U S
Muhammad Saeed

APPLICATION UNDER ORDER 39 RULE 1 & 2


READ WITH SECTION 151 C.P.C. FOR INTERIM
INJUNCTION.

Respectfully Sheweth:-

1. That the petitioner has filed accompanying

suit in this Learned Court today which has

not been fixed so far.

2. That the contents of the accompanying suit

may very kindly be considered as an integral

part of this application and be read

together.

3. That the petitioner has a good prima fascia

case in his favour and there is every

likelihood being succeeded in the main suit.

4. That the balance of convenience lies in

favour of the Petitioner.

5. That if the interim relief is not granted as

prayed for, the petitioner will suffer an

irreparable loss.
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PRAYER:

It is, therefore, prayed most respectfully

that the respondent may kindly be restrained

from selling, alienating or transferring the

property in question in any manner whatsoever

and the respondent also be restrained from

interfering in the peaceful possession of the

petitioner in any manner whatsoever till the

final decision of the suit.

Ad-interim injunctive order till the

decision of this application may also be

passed.

Petitioner

Through

Counsel
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IN THE COURT OF SENIOR CIVIL JUDGE


LAHORE.

In Re;-
Muhammad Wasi
V E R S U S
Muhammad Saeed

APPLICATION UNDER ORDER 39 RULE 1 & 2


READ WITH SECTION 151 C.P.C. FOR INTERIM
INJUNCTION.

1. AFFIDAVIT OF: MUHAMMAD WASI son of


KHURSHEED AHMAD R/o House No.206-E,
Street No.3, Firdous Park, Masat Iqbal
Road, Lahore.

I the above named deponent do hereby


solemnly affirm and declare as under:
That the contents of accompanying
application are true and correct to the best of
my knowledge and belief and nothing has been
concealed therein.

Deponent
VERIFICATION:

Verified on oath at Lahore this 2nd day of April


2024, that the contents of the above affidavit
are true and correct to the best of my knowledge
and belief and nothing has been concealed
therein.

Deponent

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