WASEEM LAW ASSOCIATES:
IN THE COURT OF SENIOR CIVIL JUDGE LAHORE..
Civil Suit No.--------/2023
SHAHID WASEEM son of Muhammad Boota, resident of Asal Gurukay, Post Office Khas, Tehsil Canft, District Lahore.
PLAINTIFF
VERSUS
1. SHAHID NADEEM
2. NAEEM MUHAMMAD
Both sons of Muhammad Boota, resident of Asal Gurukay, Post Office Khas, tehsil Lahore Cantt, District Lahore.
DEFENDANTS
SUIT FOR SPECIFIC PERFORMANCE OF AN AGREEMENT TO SELL DATED 24.05.2023 AND PERMANENT INJUNCTION WITH CONSEQUENTIAL RELIEF
Respectfully Sheweth:
1. That the addresses of the parties in the head of this suit are true and correct and the notices can easily be served.
2. AT That the plaintiff and defendants entered into an agreement to sell dated 24.05.2023 regarding property / Shop commercial with electricity meter measuring 1. Marla 11 Sq-Ft, Khewat No.392/381, Khatooni No.615 to 634, Qitat 37, Salam Khata Total land measűring (232K-12M) Hissa Muntaqla 563/2512080, Baqadar
Hissa 1 Marla 11 Sq Ft, Fard ID No.0019388228 dated 22.05.2023 Nagal register Haq Daran-e-Zameen Jamabandi year 2019-20, situated at Hadbast Mauza Hair Tehsil Cantt, District Lahore (hereinafter called as suit property) with the plaintiff regarding suit property against total consideration of amounting to Rs. 41,95,555/- and out of which the plaintiff paid Rs. 17,00,000/- as earnest money to the defendants in presence of the witnesses and it was settled between the plaintiff and defendants that the plaintiff will pay the remaining amount Rs. 24,95,555/- till 24.06.2023. It is pertinent to mention here that the defendants at the time of agreement to sell FARD MALKIYAT BARAI BEH given to the plaintiff for the preparation of sale deed. Copies of the agreement along with Fard Malkiyat and ID Card of the defendants as well as plaintiff are attached herewith.
3 That the plaintiff according to agreement prepared a sale deed and is ready to pay the remaining amount to the defendants, the plaintiff with the respectable go to the house of the defendants and requested them to signs and thumb impressions on sale deed after taking the remaining amount of Rs.24.95.555/- but the Refused defendants.
4 That the plaintiff has come to know that the defendants are going to sell the suit property to someone else. The plaintiff approached the defendants and requested him set the property to anyone dise except the plaintiff because both the parties already entered into an agreement according to terms and conditions of the agreement, both the parties are bound to fulfill the terms and conditions of the agreement to sell but now the defendants failed to fulfill the terms and conditions of the agreement to sell.
5 That many times plaintiff with respectable approached to the defendants to sign / thumb impressions the sale deed and taking whole remaining consideration amount and all the legal proceedings in revenue record and transfer the suit property / shop in the name of plaintiff, but all in vain.
6. That on yesterday the plaintiff also requested the defendants to fulfill the part of the agreement but the defendant flatly refused to accept the genuine requests of the plaintiff, hence this suit.
7. That if the defendants are not restrained from selling the suit property to someone else except the plaintiff, then the plaintiff shall suffer an irreparable loss.
8 That the cause of action accrued in favour of the plaintiff and against the defendants firstly when ther agreement was executed between the parties, secondly when the defendants failed to fulfill the terms 8. conditions of the agreement and lastly when defendants flatly refused to accept the genuine request of the plaintiff and the cause of action is still continuing.
9 That the parties are residing at Lahore, the property is also situated at Lahore and the cause of action also arose at Lahore, so this Honourable Court has got the jurisdiction to adjudicate upon the matter.
10 That the value of the suit for the purposes of court fee and jurisdiction is affixed of Rs.41,95,555/- and the requisite court fee will be affixed later on as per orders of this Honourable Court.
PRAYER
In these circumstances, it is, therefore, respectfully prayed that a decree of specific performance may kindly be passed in favour of the plaintiff and against the defendant and defendant may kindly be bound to perform the terms and conditions of the agreement to sell dated 24.05.2023 and transfer the suit property in the name of the plaintiff according to the terms and conditions of the agreement to sell.
It is further prayed that as a consequential relief by way of permanent injunction that the defendants may kindly be restrained permanently from transferring, selling, gifting and alienating the suit property to anyone else illegally and unlawfully.
Any other relief which this Honourable Court deems fit and proper may also be awarded.
PLAINTIFF
Through
CH. M. ANWAR ISMAIL KHAN MAYO Advocate High Court
7-Turner Road, Lahore
Verification:
Verified on oath at Lahore, on this 22nd day of June, 2023 that the contents of the Para No.1 to 7 are true and correct to the best of my knowledge and the rest of the Paras No.8 to 10 are correct to the best of my information and belief.
شاہد وسیم PLAINTIFF
بنام شاید ندیم و غیره
شاید وسیم
بعد از پژتال کفیت سرشته پیش بروی.
جناب عالی!
ہے۔ ہمراہ دعوی درخواست حکم امتناعی، بیان
حلفی، فهرست قانونی وارثان مدعی فارم 14 ص ب فرد پتہ، فہرست الحصار، نمونہ پڑتال کی گئی ہے۔ دعوی جدید ر في ستا والا ،والات وکالت نامه کاپي دعوى لف ہے۔ لہذا رپورٹ عرض ہے۔
ريتر
ORDER
23.06.2023
Present:
Learned counsel for the plaintiff. Suit is fresh, be registered.
The plaintiff has filed a suit for specific performance of an agreement to sell dated 24.05.2023 and with permanent injunction with consequential relief. Alongwith the suit, the plaintiffs has filed an application under Order XXXIX, Rule 1&2 read with Section 151.
Preliminary arguments heard. Record perused.
Instant application duly supported by an affidavit is also attached with the plaint. Hence, relying upon said affidavit, available documents and contentions raised by the learned counsel for the petitioner/plaintiff and keeping in view the available record, parties are directed to maintain status quo regarding further alienation of suit property till next date of hearing. However, this order will not affect the legal proceedings of any competent court or authority. If any concealment or misstatement of fact has been found on part of petitioner/plaintiff, ad-interim Injunction granted through this order will be recalled. This order shall be deemed to be vacated, if is not extended specifically on next date of hearing.
Let the respondents/defendants be summoned through notices/summons, registered envelop A.D, TCS & AFFIXATION in lieu of process fee and postal charges for 08.07.2023. The plaintiff is directed to offix requisite court fee of Rs.15000/- on or before next date of hearing, otherwise suit shall be dismissed under order 7 rule 11 CPC.
Announced 23.06.2023
Muzzamal Hussain
Civil Judge 1st Class/Administrative Judge Lahore.
24/6/22
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