IN THE LAHORE HIGH COURT, LAHORE.
C.R. NO.___________________/15.
MEMO OF PARTIES.
1. Muhammad Ashraf
2. Muhammad Abbas both sons of Muhammad Nawaz Caste Rajput
R/O Chak No. 59 J.B Tehsil and District Faisalabad.
……..Petitioners/Plaintiffs.
VERSUS
1. Faisal Bashir Ahmad Khan son of
2. Safia Bibi Widow of Bashir Ahmad Khan Caste Rajput both Residents
of Chak No. 124 J.B Mohalla Marzi Pura Tehsil and District Faisalabad.
…….Respondents/ Defendants.
Petitioners/Plaintiffs.
Through Counsel.
SHAHID SHAUKAT CH.
Advocate High Court,
01-Turnere Road, Aatif Center, Lahore.
[Link]. [Link]-16834. Cell No. 0300 9655002
IN THE LAHORE HIGH COURT, LAHORE.
[Link].______________________/15.
IN
C.R. NO._____________________/15.
Muhammad Ashraf etc. VERSUS Faisal Bashir Ahmad Khan etc.
Petition U/O 39 R 1 &2 and U/S 151 C.P.C read with all other
enabling provisions for issuance of temporary injunction.
Humbly Sheweth:
1. That the petitioner has filed titled revision before this Hon’ble Court
which is not fixed so far.
2. That contents of the revision may very kindly be considered as an
integral part of this petition.
3. That balance of convenience lies in favour of the present petitioner.
4. That prima facie, the petitioner has a very good arguable case.
5. That if respondents are not restrained form alienating the suit
property, the petitioner shall suffer an irreparable loss and shall
cause further complications.
It is, therefore, most respectfully prayed that the
instant petition may graciously be allowed and
respondents may very kindly be restrained from
alienating the suit property and status quo may
kindly be ordered to be maintained in the large
interest of justice equity and fair play.
It is further prayed that ad-interim injunction may
also be granted in the meanwhile.
PETITIONERS.
Through Counsel.
SHAHID SHAUKAT CH.
Advocate High Court,
01-Turnere Road, Aatif Center, Lahore.
[Link]. [Link]-16834. Cell No. 0300 9655002
IN THE LAHORE HIGH COURT, LAHORE.
[Link].______________________/15.
IN
C.R. NO._____________________/15.
Muhammad Ashraf etc. VERSUS Faisal Bashir Ahmad Khan etc.
Petition U/O 39 R 1 &2 and U/S 151 C.P.C read with all other
enabling provisions for issuance of temporary injunction.
AFFIDAVIT.
I. Muhammad Ashraf S/O Muhammad Nawaz Caste Rajput R/O Chak No.
59 J.B Tehsil and District Faisalabad, do hereby solemnly affirm and
declare as under,
that the contents of accompanying application are true and correct to the
best of my knowledge and belief and nothing has been concealed.
DEPONENT.
VERIFICATION:
Verified on Oath at Lahore on this day __________________ that the
contents of above affidavit are true and correct to the best of my knowledge
and belief and nothing has been concealed therefrom.
DEPONENT.
IN THE LAHORE HIGH COURT, LAHORE.
[Link].______________________/15.
IN
C.R. NO._____________________/15.
Muhammad Ashraf etc. VERSUS Faisal Bashir Ahmad Khan etc.
Petition U/O 39 R 1 &2 and U/S 151 C.P.C read with all other
enabling provisions for issuance of temporary injunction.
AFFIDAVIT.
I. Muhammad Ashraf S/O Muhammad Nawaz Caste Rajput R/O Chak No.
59 J.B Tehsil and District Faisalabad, do hereby solemnly affirm and
declare as under,
that the contents of accompanying application are true and correct to the
best of my knowledge and belief and nothing has been concealed.
DEPONENT.
VERIFICATION:
Verified on Oath at Lahore on this day __________________ that the
contents of above affidavit are true and correct to the best of my knowledge
and belief and nothing has been concealed therefrom.
DEPONENT.
RESPECTFULLY SHEWETH,
1. That petitioner filed a suit for specific performance regarding
agricultural land measuring 08-K, 0-M situated in Khewat No. 101/99
Khatuani No. 264 to 272 situated in chak no. 56 J.B tehsil and district
Faisalabad along with confirmation of possession relarding land
measuring 08-K, 0-M situated in Khewat no. 168/146 Min, khewat no.
243/211 khautani no. 263, 368, 369 situated in Chak NO. 59 J.B
through agreement to sell dated 03.05.06 in lieu of amount
Rs.=5,00,000/- along with permanent injunction. For kind perusal copy
of plaint is attached as Annex….. “A”.
2. That defendant no. 01 filed contested written statement with evasive
denial. Defendant, however, denied form the written agreement in
between parties but admitted the possession of the plaintiffs. For kind
perusal copy of written statement is attached as Annex…...”B”.
3. That out of the divergent pleadings of the parties, learned Trial court
fremed following issues.
Issues:
[Link] defendant entered into an agreement to sell with the
plaintiffs regarding with property, executed agreement to sell and
receipt dated 03.05.2006, received total sale price of Rs. 5,00,000/-
and plaintiffs are entitled ? OPP.
[Link] plaintiffs have no cause
of action to file this suit? OPD. [Link] suit is not
proceedable in its present from? OPD. [Link] suit is
time barred? OPD. [Link] plaintiffs
are stopped by their own words and conduct to file this suit? OPD.
[Link]
plaintiffs have not co me to the court with clean hands? OPD.
7. Whether suit of the plaintiffs is based on malafide and defendants
are entitled for special costs? OPD.
[Link].
4. That parties lead their respective evidence. For kind perusal copy of
the evidence is annexed as Annex….. “C”.
5. That learned Trial Court dismissed suit vide judgment and decree
dated 30.01.2013. For kind perusal copy of judgment and decree is
annexed as Annex….. “D”.
6. That feeling aggrieved by the aforesaid judgment and decree,
petitioners preferred an appeal and the same was dismissed by the
learned Addl. District Judge, Faisalabad vide his order 20.05.2015. For
kind perusal copy of appeal and order are attached as Annex…..E &
F.
7. That judgment and decree dated 30.01.2013 passed by the Learned
Civil Judge, Faisalabad and judgment and decree dated 20.05.2015
passed by the Learned Addl. District Judge Faisalabad are liable to be
set aside on the following amongst
G R O U N D S :-
i. That it is pertinent to mention here that respondents
categorically denied form the execution of the agreement
to sell however learned Trial Court did not take into
consideration the onus to prove of issue no. 01 was place
upon the petitioners order dated 25.04.15 passed by the
Learned Addl. District Judge Faisalabad is without
jurisdiction and while passing the impugned order, the
Learned Addl. District Judge Faisalabad has committed
material irregularity and illegality and impugned order is
liable to be set aside.
ii. That DWI and DWII candidly admitted during the course of
cross examination that prior to the agreement to sell,
predecessor in interest of the respondents sold out his
house to the petitioner and this very fact also fortifies the
contentions of the petitioners that there is a long standing
business relation in between parties and it was the
document Exh-P-I by virtue of which suit property was sold
out to the petitioner and it is also worth mentioning here
that execution of Exh-P-I was not denied by the
respondent and they have took the stance that suit
property was under lease and is in possession of the
petitioners and it is also settled law that possession of
land is always considered favourable to the party in
possession.
iii. That other legal heirs of the deceased Bashir Ahmad has
not assailed the agreement to sell and this very act of the
other legal heirs of the deceased amounts to acquiesce
the contention of the petitioners.
iv. That petitioners took categorical grounds before the
learned appellate court that they are ready to produce
PW2 Liaqat Ali Khan for cross examination and in this
regard statement for giving up said PW was a result of
misconception and further took the ground that they are
ready to produce the scribe of the document Exh- P-1.
v. That while deciding issues no. 02 to 06 learned courts
below has relied upon the findings upon issue no,01 and
has not advanced independent reasoning while deciding
said issues which is against settled principles of law.
vi. That while passing the impugned judgments and decrees,
learned courts below have ignored admission of the DWI,
DWII and DWIII and it is pertinent to mention here that
said admissions expressly supports the contention of the
PW3 and PW4.
vii. That it is pertinent to mention here that respondent side
took the specific plea that petitioner are in possession of
the suit land as lessee and they have not recourse any
froum to substance their version and this very act of the
respondents also fortifies stance of the petitioners.
viii. That contentions of the petitioners remained consistent
with the plaint as well as the evidence adduced by the
petitioners but the learned trial courts below ignored these
material aspects of the case.
ix. That impugned order is against law and facts and
circumstances of the case and while passing impugned
judgments and decrees learned both courts below have
travelled beyond their jurisdiction and have not exercised
the jurisdiction vested in them and thus has committed
material irregularity and illegality.
x. That it is pertinent to mention here that learned Addl.
District Judge has no jurisdiction to entertain and
adjudication upon the appeal as the plaintiff claimed an
amount of Rs. = 55,85,250/- thus impugned order is
corum non judice and is liable to be set aside.
xi. That the learned trail court did not apply its judicious mind
while passing the impugned order/judgment.
xii. That stance taken by the defendant no. 01 requires
evidence but the learned Addl. District Judge, wrongly
accepted the appeal.
xiii. That learned Addl. District Judge, Faisalabd had not
appreciated the contentions raised by the petitioner and
impugned judgments and decrees are liable to be set
aside aside on this score only.
xiv. That impugned judgments and decrees based upon
surmises and conjectures and are liable to be set aside.
In the light of submissions made above it is most
humbly prayed that revision petition in hand may
very kindly be accepted and judgment and decree
dated 20.05.2015 passed by Learned Addl. District
Judge Faisalabad and judgment and decree dated
30.01.2013 passed by Learned Civil Judge,
Faisalabad may very kindly be set aside and suit
filed by the petitioners may very kindly be ordered
to be decreed in favour of the petitioners and
against the respondents in the large interest of
equity, justice and fair play.
Any other relief this Honorable court deems fit may
also be granted.
PETITOIINERThrough Counsel.
SHAHID SHAUKAT CH.
Advocate High Court,
01-Turner Road, 107-Aatif Center, Lahore.
[Link]. [Link]-16834. Cell No. 0300 9655002
N OTE:
As per instructions this is first revision petition upon the subject.
ADVOCATE.
IN THE LAHORE HIGH COURT, LAHORE.
C.R. NO._____________________/15.
Muhammad Ashraf etc. VERSUS Faisal Bashir Ahmad etc.
INDEX.
Sr.N Description of Anne Date Pag
o. Documents. x. . es
01 Grounds of Revision.
02 Affidavit to Revision.
03 Memo of Parties.
04 Copy of plaint. “A”
05 Copy of written Statement. “B”
06 Copy of evidence of the “C”
parties.
07 Copy of judgment and “D”
decree of Learned Civil
Court.
08 Copy of Grounds of Appeal. “E”
09 Copy of judgment of “F”
appellate court.
10 Stay application.
11 Affidavit.
12 Power of attorney.
PETITIONER.
Through Counsel.
SHAHID SHAUKAT CH.
Advocate High Court,
01-Turnere Road, Aatif Center, Lahore.
[Link]. [Link]-16834. Cell No. 0300 9655002
