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IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE
Civil Suit No.___________/2012
- ASIF NAZIR BHATTI son of Ch. Muhammad Nazir Bhatti R/o House No. – Sodiwal Multan Road District, Lahore.
Plaintiff
VERSUS
Muhammad Nawaz Ahmad , (deceased)
Represented through his legal heirs;
- Farid Ahmad
- Jamil Ahmad
- Saba Ahmad
All R/o House No. – New Samanabad Near Mini Market Lahore.
Defendants
SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT DATED 03-06-2007, DECLARATION, POSSESSION ALONG WITH PERMANENT AND MANDATORY INJUNCTION AS WELL AS CONSEQUENTIAL RELIEF IN RESPECT OF LAND MEASURING 9 KANAL 11 MARLAS SITUATED IN VILLAGE KEET, POST OFFICE MUSTAFA ABAD, TEHSIL CANTT. DISTRICT, LAHORE COMPRISING SALLAM KHATA NO.25, 26 KHATOONI NO. 237-266.
Respectfully Sheweth:-
- That the addresses given in the caption of the plaint are true & correct for the effective service of summons / notices.
- That the brief are filing the suit are that the defendant namely Faqeer Muhammad ( deceased) was the owner in possession of land measuring 159 kanals comprising Sallam Khata No. 25 & 26 bearing Khatooni No. 237-266 located at Village Keet Post Office Mustafa Abad, Tehsil Cantt & District Lahore.
- That on 03-06-2007 the defendant entered into an agreement to sell with the plaintiff regarding a land measuring 9 kanals & 11 marlas against a consideration of Rs. 1,75,000/-. The plaintiff at the time of execution of said agreement to sell dated 03-06-2007 paid & an amount of Rs. 1,70,000/- to the deceased defendant in front of the witnesses which was dully received & acknowledged by the deceased father of the defendants at the time of execution of the agreement to sell. It is pertinent to mention here that the possession of land measuring 1 kanals was handed over to the plaintiff & since then the plaintiff is in physical possession of land measuring 1 kanal and the plaintiff is enjoying the possession of the said land without any interruption from any corner.
- That according to the contents of the agreement sell dated 03-06-2007 no time duration / limitation was mentioned in the said agreement, in this way the time was not the essence of the contract / agreement for the execution of agreement to sell dated 03-06-2007.
- That after getting the possession of land measuring 1 kanal the plaintiff constructed a double story house there upon & since 2007 the plaintiff is in physical possession of the said land & is enjoying in peace full possession without any in eruption.
- That on 06-07-2007 the deceased father of the defendants passed away leaving behind the defendants as his legal heirs & after the death of the deceased Faqeer Muhammad the mutation was sanctioned in favor of the defendants vide mutation No. 1722, hence the defendants became the full owner of the property / land left by the deceased Faqeer Muhammad. It is pertinent to mention here that according to the contents of the agreement to sell dated 03-06-2007 the parties to the agreement made their legal heirs bound for the execution / completion of the said agreement to sell.
- That in the life time of the deceased father of the defendants the time for execution / completion of the said agreement to sell dated 03-06-2007 was extended with mutual consent of both the parties & after the death of the deceased father of the defendants the time for the execution / completion was moreover extended with mutual consent from time to time.
- That the plaintiff has paid an amount of Rs. 1,70,000/- to the deceased father of the defendants at the time of said agreement to sell & the possession of land measuring 1 kanal was handed over to the plaintiff & the plaintiff is willing to perform his remaining part of the agreement by giving balance Rs. 5,000/- to the defendants & afterwards the defendants are bound to obtain a registered sale deed executed in favour of the plaintiff regarding the land measuring 9 kanals 11 marlas.
- That the defendants are bound to receive/ take the balance amount of Rs. 5,000/- from the plaintiff & to execute a registered sale deed in favour of the plaintiff as according to the contents of the agreement to sell dated 03-06-2007 the defendants after receiving the amount of consideration from the plaintiff have left with no rights / titled / concern in any manner whatsoever with the suit property.
- That few days ago the plaintiff through reliable sources came to know that the defendants with malafide intention & some ulterior motives are trying to sell / alienate the suit property to some third persons illegally & unlawfully for which they have no right / titled in manner whatsoever.
- That the plaintiff coming to know approximately the said factum of sale many a times approached the defendants & asked them to take Rs. 5,000/- from the plaintiff & to execute the registered sale deed in favour of the plaintiff regarding the land measuring 9 kanals 11 marlas moreover to hand over the vacant possession of the land measuring 8 kanals 11 marlas to the plaintiff, yet the defendant firstly lingered on the matter on one pretext or the other & finally 2/3 days ago the defendants flatly refused to do the needful, hence the necessity of file the instant suit arose.
- That the suit falling under clause II of section 113 of the limitation act is within time from the date of refusal.
- That as the suit land is located within the jurisdiction of Lahore, this court is competent to entertain & adjudicate on this suit.
- That the value of the suit for the purpose of court fee come to Rs. 15,000/- on the sale price of Rs. 1,75,000/- & this court fee shall be fixed as & when available from the treasury, wherein this amount has already been deposited. Necessary permission for making up the deficiency may please given.
PRAYER:
Under the circumstances & submission expounded above, it is therefore, humbly prayed that the defendants be directed first to obtain clear the Dakheelkari rights ( from the landlord-Punjab Govt.) & then obtain registered the sale deed as agreed upon.
Any other relief to which this honourable court deems fit & appropriate in favour of the plaintiff may moreover be awarded. Cost of the suit may moreover be awarded.
Plaintiff
Through:-
Mudaber Hussain Qureshi
Advocate High Court
Session Court, Lahore.
VERIFICATION:
Verified on oath at Lahore on this 2 day of March 2012 that the contents of the Suit are true & correct to the best of my knowledge, information & belief & nothing has been concealed so far.
Plaintiff
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