IN THE COURT OF IVTH SENIOR CIVIL JUDGE AT

KARACHI MALIR

SUIT NO.________ of 2019

Muhammad Suleman S/o. Ali Nawaz,

Muslim, Adult, R/o. Flat No.E-49,
3rd Floor, in Building “E”,
Al-Asif Square, on part Plot No.1-B/1X,
of Sector 1-B/1, Sector 1-A, KDA,
Scheme No.33, Super Highway,
Karachi…………………………………..…………………………..…….Plaintiff.
VERSUS
1. Nafisuddin
S/o. Wahiduddin (since deceased),
Through his L.R;
Farhana Yasmeen,
Muslim, Adult, R/o. House No.94-B,
Block “P”, Hussai Disalva Town,
North Nazimabad, Karachi.

2. Abdullah S/o. Gulab Khan,

Muslim, Adult, resident of House No.C-10,
Jannat Gul Town, Super Highway,
District Malir, Karachi.

3. Pervez Khalid S/o. Noor Mohammad,

Muslim, Adult, R/o. House No.94-B,
Block “P”, Hussai Disalva Town,
North Nazimabad, Karachi.

4. Rehman Khan S/o. Abdul Rahim,

Muslim, Adult, R/o. House No.C-14,
Jannat Gul Town, Scheme No.33,
Karachi.

5. Sub Registrar,
Gadap Town, Karachi.

6. The Manager,
House Building Finance Corporation,
Having office at Civic Centre,
Main University Road,
Karachi…………….……………...………………Defendants.

SUIT FOR DECLARATION, CANCELLATION AND

PERMANENT INJUNCTION WITH CONSEQUENTIAL
RELIEF(S)

Most respectfully, the Plaintiff submits as under:-

1) That the Plaintiff is residing at the aforementioned

address and is doing his own business, having good reputation

among his friends, relatives and general public. The Defendant

No.1 Nafisuddin being the owner of Flat No.E-49, 3rd Floor, in

Building “E”, Al-Asif Square, on part Plot No.1-B/1X, of Sector

1-B/1, Sector 1-A, KDA, Scheme No.33, Super Highway,

Karachi (for the convenient hereinafter referred as the suit

property) in his life time through his registered attorney

Pervez Khalid S/o. Noor Mohammad/defendant No.3 desired to

sell and the plaintiff agreed to purchase the same from him on

the terms and conditions mentioned in the Sale Agreement

dated 29.12.1992.

Photocopy of such Sale Agreement dated

29.12.1992 is filed hereto, marked as Annexure
‘A’.

2) That total sale consideration for the suit property was

agreed for Rs.1,02,000/- (Rupees One Lac & Two Thousands

Only) including house building loan. The defendant No.3 being

attorney of defendant No.1 namely Nafisuddin had received an

amount of Rs.50,000/- and a loan of Rs.52,000/- had to be

paid by the plaintiff to the H.B.F.C/defendant No.6. It is

further submitted that the suit property was subject matter of

loan obtained by the defendant No.1 from H.B.F.C and the

plaintiff agreed to purchase the same with such liability of the

loan of Rs.52,000/- as mentioned earlier and also in the

preamble of the sale agreement. The title deeds of the

property were deposited by the defendant No.1 with the

House Building Finance Corporation (H.B.F.C)/Defendant No.6

being the mortgagee.

3) That the defendant No.1 namely Nafisuddin being owner

of the suit property had appointed General Power of attorney

namely Mohammad Khaliqullah Khan S/o. Mohammad

Naushaullah Khan. The said Mohammad Khaliqullah Khan had

also appointed Sub-General Power of Attorney to Pervez

Khalid S/o. Noor Mohammad/defendant No.3. The said Pervez

Khalid/defendant No.3 had also executed registered

irrevocable General Power of Sub-Attorney for H.B.F.C on

29.12.1992 in favor of plaintiff, vide photocopy of such

Irrevocable General Power Of Sub-Attorney for H.B.F.C

and conveyance deed dated: 13.04.1981 are enclosed

hereto, marked as Annexure A/1 & A/B but for the sake

of every interest and to avoid any complication, the plaintiff

entered into agreement of sale referred earlier with Pervez

Khalid/defendant No.3, who was attorney of defendant No.1

namely Nafisuddin, the previous owner of the suit property.

4) That at the time of purchase of the suit property, the

defendant No.3 being attorney of defendant No.1 namely

Nafisuddin had also handed over peaceful and vacant

possession of suit property to the plaintiff and the plaintiff is

also paying the electricity, sui-gas and maintenance/union

charge. The registered irrevocable general power of sub-

attorney is coupled with interest and same is piece and parcel

of the sale agreement executed between the parties, hence

principal instrument of registered irrevocable general power of

sub-attorney by Defendant No.3 in favour of plaintiff,

supported by the sale agreement and coupled with interest is

not liable to be recalled/revoked or cancelled and the above

documents had been admittedly executed for securing the

interest of the parties, as there was legal hitch and

technicality for execution of a proper conveyance deed by the

defendant No.1 (since deceased) in favour of plaintiff in view

of loan obtained by him from H.B.F.C/defendant No.6 and

mortgaged the original title documents of suit property.

Photocopy of electricity, sui-gas bills,

maintenance/union charges of Al-Asif Square
Welfare Association are enclosed herewith and
marked as Annexure B/1 to B/25 respectively.

5) At all times and still the plaintiff has every interest in the

suit property and in part performance of the contract, the

payment as mentioned in the sale agreement having been

paid by the plaintiff to the defendant No.3 who was attorney

of defendant No.1 namely Nafisuddin and thereafter entire

loan was repaid by the plaintiff to the H.B.F.C. The defendant

No.3 also delivered possession of the suit property to the

plaintiff in part performance of contract, hence such registered

general power of sub-attorney is irrevocable by virtue of

Section 202 of the Contract Act and possession of suit

property is also with the plaintiff which is protected by the

Provisions of Section 53-A of Transfer of Property Act.

6) That after the purchase of suit property, the plaintiff has

paid all the loan amount/dues of H.B.F.C in Habib Bank

Limited, vide photocopies of paid challans/receipts are

enclosed herewith, marked as Annexure C/1 to C/3.

7) That the plaintiff who is lawful purchaser and being

registered attorney of defendant No.3 who was attorney of

actual owner has several times visited office of

H.B.F.C/defendant No.6 with the request to redeem and

handover the original title documents of suit property to him,

but the plaintiff has been kept on false hopes by the office

staff of H.B.F.C/defendant No.6 on one pretext or the other.

8) That the plaintiff had also moved a written application to

the Manager Accountant HBFC Zonal Office Karachi but the

plaintiff has not been handed over the title documents of

property by H.B.F.C office reason best known to them.

Copy of said application is enclosed herewith and

marked as Annexure D/1.

9) That the plaintiff has deposited/paid all the loan amount

of suit property mortgaged with the H.B.F.C/defendant No.6

and the plaintiff being lawful registered attorney is/was

entitled to receive the original title document from their office,

but H.B.F.C staff were not ready to hand over the title

documents of suit property to the plaintiff and therefore, the

plaintiff through his counsel sent a legal notice

dated: 06.09.2019 by way of TCS to the defendant No.6 with

the request to handover title documents of suit property to

him, which said legal notice was replied by the Manager Law

of HBFC on 13.09.2019, in which it is mentioned that the

original property documents were delivered on 04.08.2017 to

one Rehman Khan/defendant No.4, therefore, they cannot do

anything in this stage.

Copy of Legal Notice dated: 06.09.2019 along-with

TCS receipt and reply of legal notice dated:
13.09.2019 along-with envelope of HBFC are
enclosed herewith and marked as Annexure E/1 to
E/4 respectively.

10) That thereafter defendant No.2 filed a false Rent Case

No.17/2019 before this Hon’ble Court against his set-

up/dummy persons namely Umair Khan and Asghar Khoro

(opponents in rent case), who have never remained in

occupation of suit property. Both the defendant No.2 and

above named persons are in-collusion with each other and

their aim is only to get the suit property vacated from the

plaintiff. The defendant No.2 wants to usurp the valuable suit

property of plaintiff. The plaintiff came to know the fact of

death of defendant No.1 Nafisuddin and fraudulent documents

of defendant No.2,4 and Farhana Yasmeen when he received

the memo of Rent Case No.17/2019 alongwith

annexures/documents.

Photocopy of memo of Rent Case No.19/2017 is

filed hereto, marked as Annexure F/1.

11) That the malafide and dishonesty of the defendant

Nos.2, 4 and Farhana Yasmeen who is widow of defendant

No.1 Nafisuddin can be seen from the fact that when

defendant No.1 Nafisuddin expired on 17.07.2015, his widow

Farhana Yasmeen got prepared heirship certificate,

registration certificate and thereafter by way of fraud and

concealment and misrepresentation of facts executed a

registered General Power of Attorney dated: 16.05.2017 in

favor of Rehman Khan/defendant No.4, who subsequently on

22.04.2019 executed a registered sale deed bearing

Registration No.2017 in favor of Abdullah/defendant No.2 in

respect of suit property inspite of the fact that the defendant

No.1 Nafisuddin in his life time had sold out the suit property

to plaintiff as mentioned in above para and after sale of suit

property by the actual owner through his attorney, the suit

property cannot be again sale out and it is the plaintiff only

who can sale out the suit property but all above fraud has

been done by the defendant No.2 and 4 with connivance of

Farhana Yasmeen only to dispossess the plaintiff from his

lawful property.

Photocopy of General Power of Attorney dated:

16.05.2017, undertaking, heirship certificate,
registration certificate and death certificate dated
17.07.2015 of Nafisuddin are filed hereto, marked
as Annexure F/2 to F/6 respectively.

11) That the defendant No.2 has annexed a fraudulent

registered Sale Deed Dated: 22.04.2019 bearing Registration

No.2017 with the above rent case, in which it is mentioned

that the possession of suit property was handed over to him

by the vendor and this is false version of defendant No.2 as he

has never ever remained in possession of suit property,

therefore, the question of his verbal tenancy agreement with

the Umair Khan on 15.05.2019 does not arise. It is important

to mention here that since 29.12.1992 the plaintiff and his

family members are residing in the suit property and the

utility bills, maintenance/union slips are in his possession and

he is ready to produce the same before this Hon’ble Court.

12) That on coming no know about the pendency of above

rent case, in the first week of October, 2019 the plaintiff

appeared before this Hon’ble Court and filed an application

U/O 1 Rule 10 CPC R/W Section 151 CPC with prayer to add

him being necessary and proper party in the above rent case,

which said application is still pending adjudication.

Photocopy of application U/O 1 Rule 10 CPC R/W

Section 151 CPC is filed hereto, marked as Annexure

G/1.

13) That the plaintiff has received a great shock when he

came to know about the false rent case by the defendant No.2

and about the documents obtained by way of fraud,

concealment and misrepresentation of facts by the defendant

No.2, 4 and Farhana Yasmeen, as after the sale of suit

property by the defendant No.1 through his registered

attorney defendant No.3 coupled with interest i.e. registered

general power of sub-attorney, it is the plaintiff who can take

back the mortgage title documents from the H.B.F.C and the

defendant No.4 had not right to obtain the documents from

H.B.F.C and to execute any sale deed in favour of any other

person, hence all acts and actions of defendant No.2,4 and

Farhana Yasmeen are illegal, malafide and against the law.

14) That the plaintiff has already paid entire sale

consideration to the defendant No.1 and the loan amount

outstanding towards loan payable to the H.B.F.C was also paid

by him and nothing was required to be done by the parties in

relation to the suit property. The time was not essence of

contract and under the law where the time is not essence of

the contract, the limitation to file suit has not been specifically

provided in law. Where the time is not the essence of contract

and automatically extended till the requirements were to be

made, limitation does not apply in the matter as provided in

law. Moreover in view of registered general power of sub-

attorney in favour of plaintiff, he was having all surety that he

at any time can get documents of suit property from H.B.F.C

but when the officials of H.B.F.C did not handover the

documents to plaintiff, then the plaintiff sent a legal notice as

mentioned which was replied that the original documents have

been given to defendant No.4. The plaintiff after hearing this

fact became surprised and shocked. The plaintiff further

received shocked when he came to know about the above

false rent case by the defendant No.2 and the documents

annexed with it. The defendant No.2 & 4 have become greedy

for money.

15) That the Plaintiff is bonafide purchaser of the suit

property for valuable consideration, is in possession thereof in

his own rights and the Defendant No.2 & 4 have no authority

in law to claim the suit property on the basis of fraudulent

documents obtained by them by way of fraud and

concealment of facts, hence the general power of attorney

dated: 16.05.2017 executed by Farhana Yaseem widow of

deceased Nafisuddin/defendant No.1 in favor of defendant

No.4 and sale deed dated: 22.04.2019 are liable to be

declared null, void and these documents may be cancelled,

hence this suit.

16) That cause of action arose to the Plaintiff at Karachi

within the local limits of _____________ Police Station,

which is within the jurisdiction of this Honorable Court, firstly

when the plaintiff sent a legal notice dated:06.09.2019 to the

defendant No.6/H.B.F.C for return of mortgaged title

documents which was replied by the law officer of H.B.F.C

stating therein that the title documents have been handed

over to one Rehman Khan/Defendant No.4, secondly when the

plaintiff came to know about the false rent case No.19/2019

filed by the defendant No.2 and the fraudulent documents

including general power of attorney dated: 16.05.2017

executed by Farhana Yaseem widow of deceased

Nafisuddin/defendant No.1 in favor of defendant No.4 and sale

deed dated: 22.04.2019 obtained by defendant No.2 by way

of fraud and concealment of facts and in the first week of

October, 2019 the plaintiff filed an application U/O 1 Rule 10

CPC R/W Section 151 CPC for adding him party in the above
rent case, which rent case is still pending adjudication and the

cause is still continuing one.

17) That for the purpose of court fee and jurisdiction, the

suit is valued at Rs.4,00,000/- for the reliefs claimed and the

requisite Court fee is paid hereon accordingly.

18) That this Honorable Court has jurisdiction to entertain

the plaint, adjudicate upon the matter, grant reliefs to the

Plaintiff as prayed for. The suit is fully in time and is not

barred by any law. The defendant No.5 being the authority

and having territorial jurisdiction being the property registrar

of the area has been sued as proforma defendant as per law.

The defendant No.6 is also necessary party in the case as the

documents of suit property was mortgaged with it, which was

obtained by the defendant No.4 through concealment of facts

as well as fraudulent manner.

The Plaintiff therefore, prays that this Honorable Court

be pleased to decree the suit in their favour and against the

Defendants as under:-

PRAYER

A) To declare that after the sale of suit property to plaintiff

by Defendant No.1 Nafisuddin being actual owner
through defendant No.3/Pervez Khalid who was his
registered attorney viz. Flat No.E-49, 3rd Floor, in
Building “E”, Al-Asif Square, on part Plot No.1-B/1X, of
Sector 1-B/1, Sector 1-A, KDA, Scheme No.33, Super
Highway Karachi, the widow of defendant No.1 could not
again sale out the suit property to anyone.
B) To further declare and adjudge that Farhana Yasmeen
widow of defendant No.1 in presence of plaintiff who is
actual purchaser of suit property had no authority in law
to sale the suit property through defendant No.4 to
defendant No.2.

C) To declare that general power of attorney dated:

16.05.2017 executed by Farhana Yaseem widow of
deceased Nafisuddin/defendant No.1 in favor of
defendant No.4 and sale deed dated: 22.04.2019
obtained by defendant No.2 are null and void
documents. Further to direct the defendant No.5 to
produce the above original documents before this
Hon’ble Court and this Hon’ble Court may be pleased to
cancel the said documents which have been obtained by
way of fraud and misrepresentation of the fact.

D) To declare that the agency created by defendant No.3

being attorney of defendant No.1 Nafisuddin in favor of
plaintiff vide deed of general power of attorney dated:
29.12.1992 coupled with interest in suit property was
irrevocable by virtue of Section 202 of the Contract Act,
1872 and same is piece and parcel of sale agreement
dated: 29.12.1992 executed between the parties.

E) To direct the defendant No.2 & 4 to produce before this

Hon’ble Court the original conveyance deed
dated:13.04.1981 and other documents of defendant
No.1 Nafisuddin in respect of suit property which had
been kept by him with the H.B.F.C and obtained by
defendant No.4 from H.B.F.C and this Hon’ble Court may
be pleased to handover the same to plaintiff.

F) To declare that the plaintiff having irrevocable General

Power of Sub-Attorney for H.B.F.C dated: 29.12.1992
after payment of loan amount had right to obtain the
 title documents of suit property from H.B.F.C/defendant
No.6.
G) To direct the defendants No.1, 2 & 4 and everybody for
and on their behalf, through or under them not to
interfere into peaceful possession of Plaintiff over the
suit property and to act as per law.

H) Permanently restraining the widow of Defendant No.1 as

well as defendant No.2 & 4, their agents, attorneys, LRs
and every body for and on their behalf, through or under
them from claiming any right, title or interest into the
suit property and/or to alienate sell or transfer the same
under any mode of transfer permissible under the Law
to any other person and/or to create any third party
charge over it till disposal of the suit.

I) Any other relief which this Hon’ble Court may deem fit
and proper under the circumstances of the case, though
not prayed herein specifically but the Plaintiff may found
entitled thereto, may also be granted including cost of
the suit.

_______________
PLAINTIFF

Karachi.
Dated:_____________ Advocate for the Plaintiff

VERIFICATION
I, Muhammad Suleman S/o. Ali Nawaz, Muslim, Adult,
R/o. Flat No.E-49, 3rd Floor, in Building “E”, Al-Asif Square, on
part Plot No.1-B/1X, of Sector 1-B/1, Sector 1-A, KDA,
Scheme No.33, Super Highway, Karachi, do hereby state on
oath that the contents stated hereinabove are true to the best
of my knowledge and belief, information and legal advice
received by my counsel, which I believe to be true.
Karachi.
Dated:_______ Deponent
 The deponent is identified by me to the
Commissioner for taking affidavit.

Advocate

Sworn on oath before, me at Karachi, this ___ day of

March, 2015, by the deponent, who has been identified to me

by MR. MUHAMMAD DAUD NAREJO, ADVOCATE, who is

known to me personally. The contents of the above have been

read over and explained to the deponent in Urdu, who

admitted the same to be true and put his signatures in my

presence.

COMMISSIONER FOR TAKING AFFIDAVIT

Documents Filed : Annexure A to G/1.

Documents Relied Upon : All documents relating to

the matter

Address for Service : As in the Vakalatnama

 IN THE COURT OF IVTH SENIOR CIVIL JUDGE AT
KARACHI MALIR

SUIT NO.________ of 2019

Muhammad Suleman……………..……………………..………..Plaintiff.
VERSUS
Nafisuddin & Others…………………………………………………Defendants.

ADDRESS FOR SERVICE OF THE PLAINTIFF

As mentioned in the plaint.

ADDRESS FOR SERVICE OF PLAINTIFF’S ADVOCATE

As mentioned in the Vakalatnama.

Karachi.
Dated:_______ Advocate for the Plaintiff
 IN THE COURT OF IVTH SENIOR CIVIL JUDGE AT
KARACHI MALIR

SUIT NO.________ of 2019

Muhammad Suleman……………..……………………..………..Plaintiff.
VERSUS
Nafisuddin & Others…………………………………………………Defendants.

LIST OF LEGAL HEIRS OF THE PLAINTIFF

1)

2)

3)

4)

(In the event of death of the Plaintiff, the L.R listed at

Serial No.1, will comply with the provisions of Law)

Karachi.
Dated: ________ Advocate for the Plaintiff
 IN THE COURT OF IVTH SENIOR CIVIL JUDGE AT
KARACHI MALIR

SUIT NO.________ of 2019

Muhammad Suleman……………..……………………..………..Plaintiff.
VERSUS
Nafisuddin & Others…………………………………………………Defendants.

APPLICATION U/O 39 RULES 1&2 CPC

R/W SEC. 151 C.P.C

For the sufficiency of reason and grounds disclosed in

the accompanying affidavit and the facts stated in the plaint,
annexures thereto, it is prayed on behalf of the Plaintiff that
this Hon’ble Court be pleased to restrain the Defendant
No.2&4, their attorneys, L.Rs, Nominees, Administrators, and
everybody for and on their behalf through or under them from
alienating, transferring, selling, mortgaging or creating any
third party charge in respect of suit property viz. Flat No.E-49,
3rd Floor, in Building “E”, Al-Asif Square, on part Plot
No.1-B/1X, of Sector 1-B/1, Sector 1-A, KDA, Scheme No.33,
Super Highway, Karachi, under any mode of transfer
permissible under the law or dealing with the same otherwise,
and/or committing any act prejudicial to the interest of the
plaintiff into the suit property, or doing any other act in
violation of legal rights of the Plaintiff into suit property, till
the final disposal of the suit.

Ad-interim relief to this effect is strongly solicited on the

face of this application without notice to the other side, as the
matter in its nature requires immediate orders to the above
effect by this Hon’ble Court.

Karachi.
Dated:__________ Advocate for the Plaintiff
 IN THE COURT OF IVTH SENIOR CIVIL JUDGE AT
KARACHI MALIR

SUIT NO.________ of 2019

Muhammad Suleman……………..……………………..………..Plaintiff.
VERSUS
Nafisuddin & Others…………………………………………………Defendants.

AFFIDAVIT

I, Muhammad Suleman S/o. Ali Nawaz, Muslim, Adult,

R/o. Flat No.E-49, 3rd Floor, in Building “E”, Al-Asif Square, on

part Plot No.1-B/1X, of Sector 1-B/1, Sector 1-A, KDA,

Scheme No.33, Super Highway, Karachi, do hereby state on

oath as under:-

1) That I am the Plaintiff hereinabove and as such am fully

conversant with the facts of the case. The accompanying

application has been drafted and filed under my instructions

and the contents thereof may kindly be read as a part of this

affidavit. For the sake of brevity, the contents of my entire

plaint and annexure thereto may kindly be treated as integral

part of this affidavit.

2) That I have got good prima facie case against the

Defendants being lawful purchaser under the instrument and

the Defendant No.2&4 have no any right to do any act

prejudicial to my interest into the suit property, as such

balance of convenience is also in my favour. I being the lawful

purchaser have every authority in law to have the said

property.
3) I say that entire acts and actions of the Defendant

No.2&4 are unlawful and against my interest into the suit

property.

4) That I shall suffer an irreparable loss, in case injunction

is not granted.

5) That unless the accompanying application is granted, I

shall be seriously prejudiced and the interest of justice shall

also be highly infringed.

6) That whatever has been stated above is true to the best

of my knowledge and belief.

Karachi.
Dated________ Deponent
 IN THE COURT OF IVTH SENIOR CIVIL JUDGE AT
KARACHI MALIR

SUIT NO.________ of 2019

Muhammad Suleman……………..……………………..………..Plaintiff.
VERSUS
Nafisuddin & Others…………………………………………………Defendants.

SUIT FOR DECLARATION, CANCELLATION AND

PERMANENT INJUNCTION WITH CONSEQUENTIAL
RELIEF(S)

COURT FEE RS.15,000/-

Karachi.
Dated:__________ Advocate for the Plaintiff