IN THE COURT OF SR.
CIVIL JUDGE, KARACHI CENTRAL
(ORIGINAL CIVIL JURISDICTION)
SUIT NO. OF 2019
Karachi --------------- PLAINTIFFS
VERSUS
1.
2.
3. House
Building Finance Corporation Ltd
Regional Office, Civic
Center 3rd Floor,
Block 14 Gulshan-e-Iqbal
4. Sub-Registrar
T-Div-XIII
Karachi ---------- DEFENDANTS
SUIT FOR
SPECIFIC PERFORMANCE, DECLARATION & INJUNCTION.
The Plaintiffs respectfully submits as under:-
1.
That
the Plaintiff 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 mother of defendant No.1 & 2 namely Nighat Rukhsana W/o Nusrat Akhtar
obtain loan From defendant No.3 vide Account No.70333138-38 in respect of property bearing Flat No.
C-1/C-8, Rabia City, Ground Floor, situated on Plot N0.118, Block-18 Scheme
No.36 Karachi, original document in possession of defendant No.3, whereas, the loan was sanction by the defendant
No. 3 to deceased Nighat Rukhsana first installment was paid by her.
(Copy of letter of acceptance of loan annexed
herewith P/1)
3.
That
Mst.Nighat Rukhsana mother of defendant No.1 & 2 died in the year 2006 and
after her death plaintiff had purchased the Flat No.
C-1/C-8, Rabia City, Ground Floor, situated on Plot N0.118, Block-18 Scheme
No.36 Karachi (hereinafter
referred to as the suit property) from the defendant No.1 & 2 in the month
of October 2006 through oral agreement for valuable sale consideration of
Rs.4,00,000/- which was paid through cash in the presence of respectable
witnesses and defendant No.1&2 had handed
over vacant and peaceful possession of the said property but the Sale Deed
could not executed due the reason that mother of defendant No.1&2 had obtained loan from
defendant No.3 on the basis of title document of above mention property.
However, defendant No.1&2 had handed over the Copy of lease deed of the
suit property to the plaintiff and orally/mutually agreed plaintiff will paid
loan amount which obtain by their mother.
(Copy of lease deed annexed herewith
P/2)
4. That accordingly plaintiff had paid
Rs. 63,000/- (Rupees Sixty three Thousand) directly to the Defendant No. 3 on
28-10-2006 as per mutual understanding between plaintiff and defendant No. 1
& 2.
5. That on 14-07-2009 plaintiff also
paid Rs 94,516/- (Rupees Ninety Four thousand five hundred sixteen) to directly
defendant No.3 as per mutual understanding.
(Copy of deposit slip annexed herewith P/3
6. That due to the close relation
defendant did not executed sale agreement letter on 26-12-2017 sale agreement
was executed by the defendant No. 1&2 with term and condition plaintiff
shall pay the remaining dues/loan amount of defendant No.3 i.e Rs.686,881/-
(Rupees Six Lac Eighty Thousand Eight Hundred and Eighty one) to the defendant
No.3
(Copy of sale agreement annexed
herewith P/4)
7. That accordingly as per clause No.5
of sale agreement plaintiff repay outstanding dues/loan amount to the defendant
No.3. it is submitted that on 08-04-2019 plaintiff deposit Rs.2,20,000/- in the KDA branch of
defendant No. 3 at civic Center Karachi.
(Copy of deposit slip annexed
herewith P/5)
8.
That the defendant No. 1 & 2 have already
delivered the physical possession of the property in question to the plaintiff
subject to making payment of the dues/remaining loan of defendant No.3 together
with markup/interest, upon which the plaintiff was agreed and willing to repay
the remaining loan amount directly to the defendant No.3, for which the
defendant No.1 & 2 had empower the plaintiff through and instrument of
special power of attorney date 27/12/19 to collect the original title document
of above mention property and No objection certificate from the office of
defendant No.3
(Copy
Special Power of Attorney Annexed herewith P/6)
9.
That
after purchase of the said house, the Plaintiff took over its possession in the
year 2006 and put her own lock and enjoy the possession rent out the different
times. It is submitted that the above mention property lastly rent out in 2015 to
one Shakeel Ahmed and executed tenancy
Agreement.
(Copy of Tenancy agreement annexed herewith P/7)
10. That after
compellation of loan amount plaintiff approached to defendant No.3 for
redemption deed and obtaining original documents and No objection certificate
on bias of attorney give by the defendant No.1&2 but defendant No.3 advise
to the plaintiff bring the legal heirs of deceased Mst.Nighat Rukhsana. It is ostensibly
strange that defendant No. 3 never objected at the time of collecting the loan
amount.
11. That in month of August 2019 aforesaid
situation plaintiff request to defendant 1 & 2 to appear before the defendant No 3 as per clause No.6 of sale agreement but the
defendant No.1 give false hope to the plaintiff that defendant No.2 was out of town , she was
in Bahawalapur, Punjab, both the defendants were not give suitable response.
12. That after
vacate property in question from the
tenant for personal use and start the work of renovation. It is submitted that for purpose of
renovation the property in question was tendered to contractor on 28/08/2019
namely Muhammad Faizan Qurashi, in this regard renovation agreement executed
between plaintiff and Muhammad Faizan Qurashi for completion of renovation.
Which were completed on 01/10/2019 as per agreement.
(Copy renovation
agreement annexed herewith P/7)
13.
That due the close relation plaintiff without letting read or
defining to the defendant No. 1 & 2 with using the blind trust. It is
submitted that on 24-09-2019 plaintiff come on her property in question and
shocked that defendant No.1 with some unknown persons on 24.9.2019 during night
forcibly occupied the above mention flat after breaking open the lock and put their own lock of the said Flat, thus
the Plaintiff has been forcibly dispossessed by above mention property. On the
same date plaintiff approached the concerned police station and filed
application take action against the defendant No.1 and concerned police station
record the statement of plaintiff but did not take action against the defendant
No.1.
(Copy of application to concerned Police station
annexed P/9)
14. That on 25-04-2019 plaintiff approached to defendant No.3 filed application
to stop the original file of concerned flat and plaintiff addressed legal
Notice date 11.10.2019 to the Defendant No.3 through TCS narrating all the above
facts to restrain to execute any redemption deed or releasing original document
of property in question which was duly
received by him.
(Copy of
application/legal Notice annexed herewith P/9)
15. That plaintiff have no any other alternate remedy except to
knock the door plaintiff filed illegal dispossession complaint No.109/2019
before district & Session Judge Karachi East which is pending.
16.
That in the light of above facts and after
receiving full and final consideration of the suit flat, the act of the Defendant No.1&2 for non appearing before defendant No.3 non
execution of Sale Deed in favour of the Plaintiff is illegal, malafide and
unjustified.
17.
That under the circumstances stated above Defendant No.1&2 is liable to
specifically perform the Sale Agreement dated 26.12.2017 with the Plaintiffs
and on failure to do so, the Nazir of this Hon’ble Court may be directed to
execute the Sale Deed before Defendant
No.4 who is the Authority to register the same, effectually transferring the
ownership of the suit property in favour of the Plaintiff.
18.
That under above circumstance stated above
defendant No. 3 liable to executed redemption deed in favour of Plaintiff and
submit the original document before the
Nazir of this Hounble Court.
19.
That under the law the Defendant No.1&2 is legally
bound to perform her part with the Plaintiffs, which they have failed to do so.
Hence this suit.
20.
That
the cause of action when plaintiff had
purchased Flat No.
C-1/C-8, Rabia City, Ground Floor, situated on Plot N0.118, Block-18 Scheme No.36
Karachi in year 2007 and hand over peacefully possession to the plaintiff. It
again arose in loan was paid time to time paid to the defendant No.3.It again
arose on 10.12.2015 rented out the same.
It again arose when sale agreement executed on 26-12-2107 on the bias of oral
agreement, it again arose on 08-04-2019 loan deposit before defendant No.3 in
respect of suit property. It again arose when the Plaintiff approached the HBFC/defendant
No.3 to executed redemption deed in respect of the said flat and the HBFC/defendant
No.3 advise to bring legal heirs of deceased. It again arose on month of August
2019 plaintiff approached the defendant No. 1 & 2 but failed to appear before defendant No.3. It
again arose on 24-09-2019 defendant No.1&2 illegally disposes the plaintiff
from suit property. The cause
of action still subsists and continues
to arise on each day.
15. That the suit property is situated within
the local limits of P.S Sharia-e-Faisal, which is the jurisdiction of this
Hon’ble Court.
16. That the suit is valued at Rs.40,00,000
for Specific Performance, Rs.50,000/-
for declaration and maximum Court fee of Rs. 15,000/- is affixed.
P R A Y E R
The
Plaintiffs, therefore, respectfully pray that this Hon’ble Court may be pleased to pass judgment and decree as
under:-
1.
Declare that the Plaintiffs are lawful owner of property i.e. Flat No. C-1/C-8, Rabia City, Ground Floor, situated on
Plot N0.118, Block-18 Scheme No.36 Karachi and direct the defendant No.1 &
2 to hand over the peace full the possession.
2.
A decree for Specific performance of the Sale Agreement
dated 26.12.2017 may be passed against
the Defendant No.1 & 2 directing him to execute Sale Deed in respect the suit property viz. Flat No.
C-1/C-8, Rabia City, Ground Floor, situated on Plot N0.118, Block-18 Scheme
No.36 Karachi in favour of the Plaintiff and on their failure to do so, the
Nazir of this Hon’ble Court may be directed to execute the same before
Defendant No.4 effectually transferring the ownership of the suit property in
favour of the Plaintiffs.
3.
To direct the defendant No.3 to submitted the original
Document before The Nazir of this of This Honble Court.
4.
Cost of the suit.
5.
Any other relief which this Hon’ble Court may deem fit and proper under
the circumstances of the case may be awarded.
Karachi.
Dated: 10.2019 PLAINTIFF
ADVOCATE
FOR THE PLAINTIFF
VERIFICATION
I,
Khalida Shaheen w/o Sheihk Muhammad Yaqoob, Muslim, adult R/o At A-94 Ethad Bungalow, Near Aladdin, Gulshan-e-Iqbal
Block-11 Karachi, do hereby state and
verify on oath that whatever is stated above is true and correct to the best of
my knowledge and belief.
DEPONENT
The deponent is identified by me.
ADVOCATE
Stated
on oath before me this day of July 2012. The deponent is identified by Mr. Ghulam
Abbas, Advocate, who is personally known to me.
COMMISSIONER FOR TAKING
AFFIDAVITS
Documents
filed; A to
Documents
relief upon; Originals of the above
and other
Relevant Documents.
Address of the
Plaintiffs As
in the title:
Address of
the Advocate of the
Plaintiffs Abrar
Hasan & Co.
Advocates,
9
MEZZANINE FLOOR,
BEAUMONT PLAZA,
OPPOSITE PIDC,
KARACHI
IN THE COURT OF
SR. CIVIL JUDGE, KARACHI CENTRAL
(ORIGINAL CIVIL JURISDICTION)
SUIT NO. OF 2019
Khalida
Shaheen --------------- PLAINTIFF
VERSUS
Qaisar Nusrat & another ---------- DEFENDANTS
LIST OF LEGAL
HEIRS OF PLAINTIFF NO.1
1. Husband
2. Son
3. daughter
4. son
In
case of death of any of the Plaintiffs, one of the Plaintiffs shall inform this
Hon’ble Court.
Karachi.
Dated: 10.2019 ADVOCATE FOR THE PLAINTIFFS
IN THE COURT OF
SR. CIVIL JUDGE, KARACHI CENTRAL
(ORIGINAL CIVIL JURISDICTION)
SUIT NO. OF 2019
Khalida
Shaheen --------------- PLAINTIFF
VERSUS
Qaisar Nusrat & another ---------- DEFENDANTS
APPLICATION UNDER ORDER 39
RULES 1 AND 2
CPC READ WITH SECTION 151 CPC
For the reasons disclosed in the accompanying affidavit, it is prayed on
behalf of the Plaintiffs that this Hon’ble Court may be pleased to
restrain the Defendants, their servants,
attorneys, agents or any person acting for /or on their behalf from
transferring or alienating and/or
mortgaging, creating any charge or encumbrances upon or in relation to the suit
Property Flat No. C-1/C-8, Rabia
City, Ground Floor, situated on Plot N0.118, Block-18 Scheme No.36 Karachi so as to prejudice and jeopardize
the interest of the plaintiffs in any manner, till the decision of the suit.
Ad-interim orders are
solicited.
Karachi.
Dated: 09.2019 ADVOCATE
FOR PLAINTIFF
For immediate use
IN THE COURT OF
SR. CIVIL JUDGE, KARACHI CENTRAL
(ORIGINAL CIVIL JURISDICTION)
SUIT NO. OF 2019
Khalida
Shaheen --------------- PLAINTIFF
VERSUS
Qaisar Nusrat & another ---------- DEFENDANTS
AFFIDAVIT
I, ........., Muslim, adult R/o ........., do
hereby state on oath as under:-
1. That
I am Plaintiff above mention case and
am fully conversant with the facts of
the case.
2. That the accompanying application for stay has been drafted under my instructions and
its contents may be treated as part of this affidavit.
3. That Mst.Nighat Rukhsana mother of defendant
No.1 & 2 died in the year 2006 and after her death plaintiff had purchased
the Flat No. C-1/C-8, Rabia City, Ground Floor, situated on Plot
N0.118, Block-18 Scheme No.36 Karachi (hereinafter referred to as the suit property) from the
defendant No.1 & 2 in the month of October 2006 through oral agreement for
valuable sale consideration of Rs.4,00,000/- which was paid through cash in the
presence of respectable witnesses and
defendant No.1&2 had handed over vacant and peaceful possession of the said
property.
4. That
defendant No.1&2 mother obtain loan from the defendant No.3 which was paid
by the plaintiff as per mutual understanding as well as sale agreement.
5. That
plaintiffs time to time approached the defendant No.1 &2 transfer the above
mention property and execute the sale deed in her but the defendant No.1&2
time to time give false hope to the plaintiff.
6. That
on 24/09/2019 defendant No.1 illegally dispossess the plaintiff in suit
property and original document of property in question in the possession of
defendant No.3. it is submitted that plaintiff have serious apprehension to
releasing the original document from the defendant No.3 and defendant
No.1&2 sale out the property in question.
7. That
unless the accompanying application is granted, the Plaintiff shall suffer
irreparable loss and injury.
8.
That whatever stated above is true and correct to the best of my
knowledge and belief.
Karachi.
Dated: 09.2019 DEPONENT
The
deponent is identified by me.
ADVOCATE
Stated
on oath before me this day of November
2015.The deponent is identified by Mr. Ghulam
Abbas Advocate, who is personally known to me.
COMMISSIONER FOR TAKING AFFIDAVITS
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