IN THE COURT OF LEARNED SENIOR CIVIL JUDGE
RAWALPINDI
1. AllahDad Khan son
2. Mst. Ghulam Fatima widow of Fazaldad Khan R/O Pariyal, P.O. Khas,
Tehsil & District Rawalpindi.
…………. Plaintiff
V E R S U S
1. Muhammad Shakeel son of Muhammad Bashir
2. Azhar Hussain son of Ameer Afsar, R/O village Pariyal P.O. Khas,
Tehsil and District Rawalpindi.
3. Qaisar Abbas son of Dabeer Hussain R/O Chakdaniyal Koliyan Hameed,
Tehsil and District Rawalpindi.
4. Patwari Revenue Circle Pariyal, Tehsil & Distt. Rawalpindi.
……….Defendants
SUIT FOR DECLARATION, PARTITION,PERMANENT AND
MANDATORY INJUNCTION
Respectfully Sheweth:-
1. That the plaintiffs were owners in possession of land falling in Khasra
Khewat no. 958 comprising of 5 Khasra numbers, i.e., 5021 measuring
20 Kanal 8 Marlas ( ), 5027 measuring 1 Kanal 13 Marla ( ),
5026 measuring 01 Kanal 16 Marlas ( ), 5984 measuring 2 Kanal
15 Marlas ( ) and 5982 measuring 2 Kanal 5 Marlas ( )
total measuring 28 Kanal and 17 Marlas in revenue circle Pariyal, tehsil
and district Rawalpindi.
2. That the plaintiff sold Banjar Land measuring 05 Kanals from above
mentioned Khewat Number 958 comprising of Khasra No 5984
measuring 2 Kanal 15 Marlas ( ) and 5982 measuring 2 Kanal 5
Marlas ( ) to Defendant No. 3 vide mutation No. 521 dated
01-03-2019 but due to lack of technicalities, the said Khasra Nos.
could not be mentioned specifically in said mutation and the land was
mentioned as Salam Khewat i.e., from whole khewat inadvertedly. Due
to this error defendants No. 3 became co- owner in whole khewat,
whereas only Banjar land was sold specifically and physical possession
was handed over to above mentioned specific Khasra numbers. The
affidavits of witnesses of mutation number 521 are attached
herewith.
3. That the plaintiffs are in physical possession of land falling in Khasra
Numbers 5021 measuring 20 Kanal 8 Marlas ( ), 5027
measuring 1 Kanal 13 Marla ( ), 5026 measuring 01 Kanal 16
Marlas ( ) within their entitlement and share. It is
pertinent to mention here that the plaintiffs had constructed a
residential house, grave of deceased predecessor of plaintiffs,
allocated site for mosque and whole land is fenced on spot.
4. That the defendant No. 3 sold out said land to Defendant No 1 and 2
vide mutation no. 1110 dated 07-03-2022. The fact of transfer of
Banjar land was also not mentioned in the said mutation. The
defendant no 1 and 2 after purchase, without lawful authority or title
are threatening to interfere in lawful possession of the plaintiffs,
hence this suit.
5. That defendant No. 1 & 2 are trying to transfer, the portion
exclusively in possession of plaintiffs, of joint property without being
partitioned by meet and bounds by using their influence illegally and
unlawfully.
6. That the defendants are threatening to encroach upon the legally
owned and possessed property of plaintiffs and are trying to
depriving the plaintiffs from their legal right to possess and to use
the same for their personal beneficial use.
7. That the plaintiffs approached defendant No. 1 & 2 through
respectable of family and asked them to refrain from their illegal
designs and not to deprive plaintiffs from their legal rights, but they
refused to listen the genuine request of the plaintiffs.
8. That the cause of action accrued to plaintiffs two weeks ago when
defendant no 1 & 2 tried to dispossess the plaintiffs from suit
property by way of damaging fence, the plaintiffs asked the
defendant No. 1 & 2 to refrain from their illegal designs and the same
was refused.
9. That major portion of property comprise of constructed house and
fall within urban area and the rest is agricultural, hence this
honorable court has the jurisdiction to entertain the suit.
10. That the property is situated in the territorial jurisdiction of this
honorable court and the cause of action accrued in the jurisdiction of
this honorable court hence this honorable court has the jurisdiction to
entertain the suit.
11. That the value of suit for purposes of jurisdiction and court fee is Rs.
20,000/- which is exempted from court fee.
P R A Y E R
Under the circumstances stated above, it is therefore
respectfully prayed firstly, that a decree for declaration to
the effect that the plaintiffs sold only banjar land to
defendant no 3 comprising of Khasra numbers 5984
measuring 2 Kanal 15 Marlas ( ) and 5982
measuring 2 Kanal 5 Marlas ( ) in khewat number
958 Revenue Circle Pariyal Thesil & District Rawalpindi
vide mutation Number 521 and the defendants have no
right and title in any manner what so ever in remaining
Khasra numbers of said khewat. A decree for partition be
passed and the said joint property be partitioned by meets and
bounds; A decree for permanent injunction to refrain the
defendants from interfering into peaceful possession of
plaintiffs and dispossessing from lawful owned and possessed
land of plaintiffs or alienating or changing the nature of
property; and lastly, a decree for mandatory injunction
directing defendant No. 1 & 2 to remove all building materials
and all constructions if raised any on joint property, may be
passed in favor of the Plaintiffs and against defendants, in the
best interest of the justice.
Plaintiff
Through
VERIFICATION Taimoor Waheed Malik
Advocate High Court
st
Verified on oath at Rawalpindi on this 1 day of August-2022, that Rawalpindi
the contents of para No.1 to 6 are true and correct to the best of
my knowledge and belief and rest of the paras are believed to be
true upon information received.
Plaintiff
IN THE COURT OF LEARNED SENIOR CIVIL JUDGE RAWALPINDI
Allah Dad Khan etc. V E R S U S Muhammad Shakeel etc.
SUIT FOR DECLARATION, PARTITION,PERMANENT AND MANDATORY INJUNCTION
APPLICATION UNDER ORDER 39 RULE 1 & 2 READ
WITH SECTION 151 CPC
Respectfully Sheweth:
1. That the applicant has filed above titled suit before
this Honorable Court today, the contents of which may
kindly be read as integral part of this application.
2. That for the reasons stated in the plaint, the applicant
has a strong prima facie case and hopes to succeed in it.
3. That the balance of convenience also lies in his favor.
4. That if the respondents are not restrained from their
illegal and nefarious designs, the applicant shall suffer
an irreparable loss.
It is, therefore, respectfully prayed that the instant
application may kindly be accepted and respondents be
restrained to alienate, transfer or make improvements in any
manner whatsoever in the suit land and be directed to
maintain status quo till the final disposal of the suit.
Applicant.
Through:
Taimoor Waheed Malik
Advocate High Court.
Rawalpindi
IN THE COURT OF LEARNED SENIOR CIVIL JUDGE RAWALPINDI
Allah Dad Khan etc. V E R S U S Muhammad Shakeel etc.
SUIT FOR DECLARATION, PARTITION,PERMANENT AND MANDATORY INJUNCTION
APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151
CPC
A F F I D A V I T
I, AllahDad Khan son of Fazaldad Khan R/O Pariyal, P.O. Khas, Tehsil &
District Rawalpindi., do hereby solemnly affirm and declare as under:-
That the contents of accompanied plaint are true and correct to the
best of my knowledge and belief and in case of any concealment, all
the consequences will be borne by the deponent.
Deponent __________
Verified on oath at Rawalpindi on this 1st day of August 2022, that the
contents of abovesaid affidavit are true and correct to the best of my
knowledge and belief.
Deponent __________
