COMPLAINT UNDER THE ILLEGAL DISPOSSESSION

 

IN THE COURT OF DISTRUCT & SESSIONS JUDGE KARACHI  EAST

 

COMPLAINT NO.                  /2019

 

 

 Karachi                                   -----------------       Complainant

 

 

Versus

 

 

Karachi                                             -------------------- Opponent

 

 

 COMPLAINT UNDER THE ILLEGAL DISPOSSESSION ACT, 2005

 

The above named Complainant respectfully submits as under :-

 

1.  That the Complainant is peace loving and law abiding citizen of Islamic Republic of Pakistan as  such her fundamental rights are guaranteed by the Constitution of Islamic Republic of Pakistan 1973.

 

2.  That the Opponent’s Mother namely Nighat Rukhsana W/o Nusrat Akhtar obtain loan From HBFCL vide Account No.70333138-38 for purchasing property bearing Flat No.C-1/C-8, Rabia City, Ground Floo, Situated on Plot No.118, KDA Scheme No.36 Karachi. .

 

3.  That Mst.Nighat Rukhsana died in the year 2006 and after her death  the above Flat purchased by the complainant from Opponent and his sister Mst Lamia Khalid in the year 2007 in total sale Consideration of Rs.12,46,957/- subject to the terms and condition as per sale agreement.

          Copy of Sale agreement annexed herewith P/1

 

4.  That the Opponent and his sister Mst Lamia Khalid received a sum of RS. 4,00,000/- in case from complainant in the year 2007 in presence of witness and hand over the possession the complainant in the year 2007 and sale agreement execute in the year 2017. It is submitted that mutually understanding the complainant paid a sum of RS.160,000/- directly to the HBFCL in the year 2009 and further agreed complainant shall remaining dues/loan amount i.e Rs.686,881/- to the HBFCL according to the term and conditions of Loan agreement made between HBFCL and deceased Nighat Rukhsana. That as above term and condition complainant pay the loan to the HBFCL and loan was completed in year 2019.

          Copy of receipt annexed herewith P/2 to3        

 

5.  That in 2007 Opponent and his sister Mst Lamia Khalid hand over the physical peace full possession to the complainant only Photo copy of Indenture of Lease deed given at the time of possession but due to the loan taken by their mother original documents were in possession of bank, in this regard opponent and his sister Mst Lamia Khalid executed special power of Attorney in favour of complainant also empowered to received and collect the original title documents of said property and No objection certificate from the office of concerned department.

Copy lease and special power of Attorney annexed herewith P/4 & P/5

 

6.  That  after purchase of the said house, the complainant took over its possession and put his own lock  and enjoy the possession. It is submitted that the above mention property in 2015 rent out one Shakeel Ahmed  and executed tenancy Agreement.

          Copy of Tenancy agreement annexed herewith P/7.

 

8. That one month Ago complainant had vacate for personal use and renovation the property in question. It is submitted that complainant tender to one contractor sum of Rs 1,00,000/- for renovation purpose.  

 

9.  That  the abovenamed Opponent with some unknown persons  on 24.9.2019  during night forcibly  occupied the said house after breaking open the lock  and put their own lock on the gate of the said house, thus the complainant  has been forcibly dispossessed by them.

Copy of application to concerned Police station annexed herewith

 

10. That the accused have individually and collectively,  being land grabbers, committed an offence punishable under Illegal Dispossession Act 2005 as they have illegally occupied the Flat of complainant and complainant has been deprived of her valuable property.

 

11. That the above act of accused is against the law and falls within the ambit of illegal Dispossession act and they are liable to be dealt with according to law.

 

12. That there is no other adequate, efficacious and speedy remedy available for getting justice.

 

13. That it is therefore humbly prayed that this Honorable court may be pleased to pass the order as under:

 

 

PRAYER

 

 

a)         That this Honorable court may kindly be pleased to convict the accused under sub section 2 of section 3 of the Illegal Dispossession Act 2005.

 

b)         That this Honorable court further be pleased to order   the accused to hand over physical possession of the Property in question to the complainant.

 

c)          Any other relief    which this Honorable court may deem fit and proper under the circumstances of the case may be granted to the complainant in the interest of justice.

 

Dadu.

Dated: 01.10.2019.                                         Complainant

 

 

                                                                   Advocate

                                                          For the Complainant.(Ghulam Abbas)

 

DOCUMENTS FILED

1.         Photo copy of sale agreement

2.         Photo copy of special power of attorney.

3.         Photo copy of leas deed.

4.         Photo copies loan receipt.

5.         Photo copy of tenancy agreement.

6.         Death certificate of Mst. Nighat Rukhsana

7.         Copy of application to concerned PS.

 

 

DOCUMENTS RELIED UPON       All concerned documents.

IN THE COURT OF DISTRUCT & SESSIONS JUDGE KARACHI  EAST

 

COMPLAINT NO.                  /2019

 

 

 

Khalida Shaheen                      -----------------        Complainant

 

 

Versus

 

Qaisar Nusrat                          --------------------     Opponent

 

                      

 

  AFFIDAVIT

 

                        I,                      R/o                                          do hereby state on Oath as Under:-

 

1.           That I am Complainant in the above matter, hence am well conversant with the facts of the case.

 

 

2.           That the contents of main complaint under section 3 of Illegal Dispossession Act 2005 may be treated as part and parcel of this affidavit.

 

 

3.           That accused persons have illegally occupied land belonging to me and I have been deprived of  my valuable property.

 

4.           That whatever stated above is true and correct to the best of my knowledge and belief.

 

 

Karachi.

Dated..10.2019                                                     Deponent