IN THE COURT OF SENIOR CIVIL JUDGE RAWALPINDI

Muhammad Ashraf Chheenah S/o Qasim Ali Chheenah R/o Chheenah

House Phulgran Tehsil & District Islamabad.

……Plaintiff

Versus
1. Province of Punjab through Collector/(DOR) Rawalpindi R/o District
Courts Rawalpindi.

2. Executive District Educaiton Officer (EDO) R/o Murree Road Near Liaqat
Bagh, Rawalpindi.

3. Head Mistress of Govt. Girls Middle School R/o Mohra Sydan, Muza
Charhan Tehsil Murree, District Rawalpindi.

4. Consolidation officer Rawalpindi R/o District Courts Rawalpindi.

5. SHO Police Station Murree, Tehsil Murree, District Rawalpindi.

……Defendants

SUIT FOR DECLARATION & PERMANENT INJUNCTION

Respectfully Sheweth:-

1. That the plaintiff purchased land vide mutation No.4779 & 5328. That
the plaintiff since then enjoying the peaceful possession of the land
bearing khasra No.2316, 2321,2321/1 or some parts of adjoining Khasras
in Muza Charhan, Tehsil Murree, District Rawalpindi “hereinafter called
the suit land”.

2. That few months ago defendant No.3 trespassed and came into the suit
land along with the staff of defendant No.5. The defendant No.3 met
 with plaintiff’s watchman and claimed the constructed house in suit land
as Government property and also ordered him to shut the door of
dwelling house till the further orders of defendant No.2. The watchman
of the plaintiff told the conversation to plaintiff.

3. The plaintiff contacted with the defendants No.1,4 & 5 and inquired
about the proof of Government property but none of the defendants
satisfy the plaintiff. The plaintiff further requested the defendant No.3 to
refrain from claiming the suit land and house as Government property
but defendant No.3 prolong the matter under one pretext or the other.
That finally plaintiff requested the defendant No.3 to show the
ownership documents of the Government property but defendant No.3
again wanted time for the revenue documents of the ownership. The
defendant No.3 also warned the plaintiff that do not use the suit land in
any manner till the further order of defendant No.2.

4. That defendant No.2 & 3 having the sufficient knowledge about the
ownership of the suit land but due to their ulterior motives, defendant
No.3 in connivance with other defendants used her official capacity to
usurp the land of the plaintiff. The defendants No.2 & 3 cover their
illegal acts by making fake reports in connivance with other defendants
and also tried to create some evidence in order to fulfill their illegal
designs. That one subordinate of defendant No.2 told the plaintiff
without disclosing his name, that defendant No.2 & 3 trying to make
new ghost schools in order to increase their income and the suit land
will also be used in future for the same purpose.

5. That the acts of defendants No.2 & 3 are illegal and could not be
sustainable in the eyes of law hence be declared illegal and unjustified.
That the plaintiff again contacted with defendants No.2 &3 a week
 before but they did not pay any heed to the repeated requests of
plaintiff and finally refused, hence this suit.

6. That the cause of action firstly accrued to the plaintiff when defendant
No.3 trespassed in connivance with other defendants and ordered the
plaintiff’s watchman to close the doors of dwelling house till further
order and finally a week before when defendants No.2 to 3 refused to
accept the repeated request of the plaintiff.

7. That the value of the suit for the purpose of court fee and jurisdiction is
fixed for rupees twenty thousand and appropriate court fee has been
affixed.

8. That the subject matter is situated in the territorial jurisdiction of this

honorable court and respondents also reside in the territorial
jurisdiction of this honorable court hence this honorable court has
jurisdiction to try the matter.

In the above circumstances it is most humbly prayed that a

decree for permanent and mandatory injunction be issued in the favour of the
plaintiff and against the defendants.

a) A decree be issued for the declaration to the effect that the plaintiff is
lawful owner of the suit land to the extent of his share.

b) A decree be issued for permanent injunction against defendants No.2 & 3 to

refrain from trespassing in the suit land in any manner whatsoever and
restrain from illegally dispossessing the plaintiff without adopting the legal
procedure.

c) A decree be issued for declaring the order of defendant No.3 is illegal void
 and having no legal effects over suit land.

d) The cost of suit may also be awarded, any other relief which this honorable
court deems just and fit may also be awarded.

Plaintiff
Verification: I verified , 16th day of Through special attorney
November 2013 on oath at
Rawalpindi that the contents of
Para No.5 are correct and true to
the best of my knowledge and Through
reaming paras are believe to be
true.

Plaintiff

Counsel

Certificate:- That no suit ever filed, pending or decided in any court of law
regarding the same subject matter between the same parties.

That no appeal ever filed, pending, or decided regarding the same subject matter
in issue between the same parties in Lahore High Court or Supreme Court of
Pakistan.

Plaintiffs
 IN THE COURT OF SENIOR CIVIL JUDGE RAWALPINDI

Muhammad Ashraf Chheenah Versus Province of Punjab etc.

SUIT FOR PERMANENT INJUNCTION

APPLICATION UNDER ORDER 39 WITH RULE 1 &2 READ WITH SECTION 151 OF
CPC.

Respectfully sheweth:-

1. That today the applicant filed a suit before this honorable Court and this
application may be treated as an integral part of the suit.

2. That the applicant has prima facie strong case and hopes to succeed in it.

3. That the balance of convenience and inconvenience lies in the favour of

applicant.

4. That if the respondents are not restrained from dispossessing the applicant
from suit land & making illegal variation in revenue record, the applicant
will suffer an irreparable loss.

It is most humbly prayed that a temporary injunction may be granted in favour of

the plaintiffs and against the defendants to restrain from dispossessing the
applicant and refrain from making illegal variation in revenue record till the final
disposal of the main suit.

Applicants

Through

Counsel
 IN THE COURT OF SENIOR CIVIL JUDGE RAWALPINDI

Muhammad Ashraf Chheenah Versus Province of Punjab etc.

SUIT FOR PERMANENT INJUNCTION

APPLICATION UNDER ORDER 39 WITH RULE 1 &2 READ WITH SECTION 151 OF CPC.

AFFIDAVIT

I , Muhammad Omer Chheenah S/o Muhammad Ashraf Chheenah, do hereby

solemnly affirm and declare as under:-

That the contents of above captioned application are correct and true to the best
of my knowledge and belief. No part is left out and nothing materiel has been kept
concealed.

Deponent ….................

Verified at Rawalpindi, that the contents of above affidavit are true to the best of
my knowledge and belief. No thereof left out and nothing material has been kept
concealed.

Deponent.....................