IN THE COURT OF SENIOR CIVIL JUDGE EAST

AT KARACHI
CIVIL SUIT NO. OF 2020

FRUKH ANWAR S/O MUMTAZ ANWAR

Muslim, adult, R/o House No.70,
Sheet No.4, Model Colony, Karachi.
Through his lawful Attorney,

SHAHBAZ YOUSUF S/O MUHAMMAD YOUSUF

Muslim, adult, R/o House No.A-163,
Block-D, North Nazimabad, Karachi……………………Plaintiff.

Versus

1.MUHAMMAD JUNAID MIRZA S/O

Ameer Mirza, Muslim, adult,
R/o……

2.SHAFI JAFRI @ ARIF JATTA.

3.THE BANK AL-HABIB LIMITED

Saddar Branch (1038)
Karachi……………………………………………………………………………Defendants.

SUIT FOR DECLARATION, CANCELLATION &

PERMANENT INJUNCTION

The above-named plaintiff begs to submit as

under:-

1. That I am law abiding citizen of Pakistan and

belongs to noble family and running my own
business in the name & style of Glace Logistics
having office at Suite No.104, Sidco Avenue
Centre, Saddar, Karachi.

2. That I being noble person, include my close friend

namely Muhammad Junaid Mirza with whom I have
friendly terms since last 32 years, in my said
 office to look after my business activities in my
absence and in exchange I used to give him hefty
amount (but not fixed) in shape of cheques and
cash.

3. That meanwhile when he (Junaid Mirza) started to

attend my office with me and in my absence, one
day he introduced me with a person namely Shafi
Jafari @ Arif Jatta and he also started to come at
my office to meet my friend Junaid Mirza.

4. That after some time Junaid Mirza came at my

office with Muhammad Qadeer S/O Muhammad Zameer
and requested me to appoint him as a Peon in my
office, upon said request, I appointed him
(Muhammad Qadeer S/O Muhammad Zameer) in my office
as a peon.

5. That thereafter, things/matters at my office were

going with smooth pace, but after the lapse of
some time, I came to know the greedy nature and
envy of my friend Junaid Mirza on my fortune, due
to which some dispute arose in between us, and
Shafi Jafri @ Arif Jatta intervene in the matter
and took the side of Junaid Mirza and they both
extended numerous threats to me and my family, but
I being a close friend of Junaid Mirza remained
silent and stopped/prohibited the visitation of
Junaid Mirza and Shafi Jaffery @ Arif Jatta at my
office.

6. That thereafter, the peon of my office namely

Muhammad Qadeer S/O Muhammad Zameer left the job
without giving any prior notice or information,
and after his leaving the office I found some
important documents, original company stamp,
import file and letterheads missing from my
office, as I used to keep my all cheque Books and
 business records/files in my office, and
thereafter, he also came at my office and used
abusive language with my employees and given life
threat to me to see me at my home or anywhere
outside.

7. That after the said surprising event/incident I

reported the said matter to Police Station through
Naseem Ahmed (company Secretary).

(COPY OF THE SAME APPLICATION IS ANNEXED HEREWITH

AN ANNEXURE “A”)

8. That thereafter, I made my said complaint at the

office of SSP South Karachi via telephone, and in
response to my said complaint the Peon namely
Muhammad Qadeer S/O Muhammad Zameer was called at
the office of SSP South at Karachi and a
settlement was made.

(COPY OF THE SAID SETTLEMENT IS ANNEXED HEREWITH

AS ANNEXURE “B”)

9. That thereafter, Junaid Mirza and Shaffi Jafery @

Arif Jatta started threatening me on phone, even
they came at my office and gave threats of dire
consequences and incessantly demanding hefty
amount which I have never obtained from them.

10. That after witnessing their said act and

attitude I moved a complaint against them at
Police Station on 24.09.2019.

(COPY OF THE SAME APPLICATION IS ANNEXED HEREWITH

AN ANNEXURE “C”)

11. That on 29.10.2019, I was flabbergasted when I

received a message from Bank Al Habib that the
 cheque of my personal account bearing No.11411723
was returned and when I enquired the same from
concerned bank I came to know that Saffi Jaffery
has deposited a cheque of my personal account
bearing No.11411723, of Rs.1,10,00,000/-. It is
pertinent to mention here that later on I came to
know that the same cheque was blocked one year ago
by my accountant and said cheque does not bear my
signature, and handwriting.

12. That when I tried to trace the said cheque book

in my office, I could not find it, and further
came to know that the shipping documents of
Hyundai container bearing No.SEGU5141221, B/L No.
HMDUKGKN6207490 was also missing and since then I
received numerous calls from Shaffi Jaffery and
Junaid Mirza threatening me that they have more
blank cheque leaves of my said cheque book
starting from No.11411701 and end at 11411750 of
A/C No.1038098101948201, maintained at Bank Al-
Habib Saddar Branch and further threatened me to
book me in false and fake FIRs and cases and
restricted me from my international travelling for
business purpose.

13. That since then I have made several request to

them to return back my said cheque Book and
shipping documents but all my endeavors went
futile, so ultimately I left with no other option
except to move this application for redressal of
my grievances.
14. That the Plaintiff is a law abiding and peace
loving citizen of the Islamic Republic of
Pakistan.

15. That the Defendant No.1 to 7 are lawful and

absolute owner of House No.67, admeasuring 126 Sq
 Yards, situated at Sweet Homes Land, Model Colony,
Karachi, by virtue of Sale Deed Dated.14-12-2018,
vide Registration No.203, Book-1, Dated.8-02-2019.

16. That on 16-11-2018 the plaintiff & Defendant

No.1 to 7 entered into Agreement of Sale in
respect of House No.67, admeasuring 126 Sq Yards,
situated at Sweet Homes Land, Model Colony,
Karachi (HEREIN AFTER REFERRED AS SUIT PROPERTY)
against the total sale consideration of
Rs.1,15,00,000/- out of which the Plaintiff in
presence of witnesses, paid of Rs.11,50,000/- as
part payment through cheques and the separate
receipt was also issued thereof. It is submitted
that the remaining sale consideration was to be
paid on 16-01-2019 or till 90 days after
completion of formalities and documentation of
sale consideration at the time of Sale Deed and
Delivery of Possession of suit property.

(COPY OF SALE AGREEMENT ALONG-WITH RECEIPT &

MONEY TRAIL ARE ANNEXED HEREWITH AND MARKED AS
A TO A/ )

17. That the plaintiff has several times visited

the house of Defendant No.1 to 7 with the request
and offer of remaining sale consideration and
transfer of suit property in his name but they one
pretext to another as the value of suit property
has been enhanced hence the Defendants become
dishonest.

18. That thereafter the plaintiff upon query with

the Defendants came to know that a Civil Suit
No.1667/2019 has been filed by the Defendant No.8
in respect of suit property, whereupon the
Defendant No.1 to 7 assured the Plaintiff that
they will receive the sale consideration and
 transfer the suit property in his name after
disposal of said Civil Suit, but since the
Plaintiff lost his trust/confidence on Defendant
No.1 to 7, therefore the Plaintiff approached to
his counsel who advise him to avail legal remedy,
hence this Civil Suit.

19. That it is pertinent to mention here that

prior to filling of this Civil Suit the Plaintiff
under the capacity of Intervener filed an
Application under Order 1 Rule 10 R/w Section 151
of CPC in Civil Suit No.1667 of 2017 pending for
adjudication before XTH Senior Civil Judge East,
Karachi, but the same was dismissed by the Court.
It is further submitted that the Plaintiff
assailed the said Order by preferring the Civil
Revision Petition which is pending for
adjudication.

(COPY OF APPLICATION & ORDER DATED.22-09-2020

ARE ANNEXED HEREWITH & MARKED AS B & B/1)

20. That when the Plaintiff perused the contents

of Civil Suit No.1667 of 2019 along-with its
annexure, he came across the alleged Agreement of
Sale Dated.08-02-2017 executed between the
Defendant No.8 & Defendant No.1 to 7.

(COPY OF SALE AGREEMENT DATED.08-02-2017 IS

ANNEXED HEREWITH & MARKED AS C)

21. That as per the terms & conditions of the

alleged Sale Agreement Dated.08—02-2017 the
Defendant No.8 had to complete his part of
performance till the month of October 2017 but the
Defendant No.8 was/is miserably failed to perform
his part within the stipulated time and
 astonishingly the Defendant No.8 filed the Civil
Suit No.1667 of 2019 after the lapse of more than
two and a half year. It is further submitted that
as per Clause 03 of said Sale Agreement that in
case of default on the part of Defendant No.1 to 7
being Vendor then they shall refund the advance
amount along-with equal amount thereof as penalty
and in case of default on the part of Defendant
No.8 being vendee, then the amount of Advance paid
by the vendee to the vendor shall stand forfeited
and in these events the Sale Agreement shall be
void, thus, by keeping in view the Clause 03 of
Sale Agreement the claim of Defendant N.8 is
become void as he himself miserably failed to
perform his part of performance, hence the Sale
Agreement Dated.08-02-2017 is liable to be
cancelled.

22. That the plaintiff has visited the house of

Defendant No.1 to 7 with the request, and offer of
balance sale consideration, but the Defendant No.1
to 7 being greedy people refused to perform the
contract of sale by stating the unlawful, lame and
petty excuses that the value of suit property has
enhanced.

23. That since very beginning the plaintiff was/is

ready and willing to perform his part of contract
but the Defendant No.1 to 7 become dishonest and
does not want to perform the part of contract
intentionally and deliberately as the value of
suit property has enhanced and the Defendant No.1
to 7 wants to sale out the suit property to
someone else on hefty/huge consideration. Hence
this suit for Specific Performance of Sale
Agreement & Possession.
 24. That the plaintiff is under immense
apprehension that the Defendant No.1 to 7 will
create third party interest or dispose of / sell
out the suit property to someone else unless the
Defendant No.1 to 7 may please be restrained by
grant of an Injunctive Order, hence the plaintiff
further claims the relief of Permanent Injunction.

25. That the cause of action accrued to Plaintiff

to bring this suit from time to time, firstly when
the Plaintiff and Defendant No.1 to 7 were entered
in Agreement of sale Dated.16-11-2018, secondly
When the Defendant No.1 to 7 become dishonest and
failed/refused to perform the part of contract,
hence the Cause of action is continuing one day by
day.

26. That the suit property is situated within the

territorial jurisdiction of POLICE STATION MODEL
COLONY, to which this Honorable Court is competent
to try and entertain the suit.

27. That the valuation of suit property of

Rs.1,15,00,000/-for which the prescribed Court fee
of Rs.15,000/- is affixed herewith.

PRAYER

In crux reflections, submissions and

circumstances, it is most reverently implored that this
Honorable Court may be pleased to pass Judgment &
Decree in favor of plaintiff and against the defendants
as under:-

a. To direct the Defendant No.1 to 7 to perform

the part of contract after receiving the remaining
sale consideration of Rs.1,03,50,000/- and whereby
to transfer the suit property i.e. House No.67,
Sweet Homes Land, Model Colony, Karachi by
executing title documents in favor of Plaintiff
and in case of failure on the part of Defendant
No.1 to 7, the Nazir of this Honorable Court may
please be directed to execute the same in favor of
plaintiff by adopting the due course of law.

b. To Direct the Defendant No.1 to 7 to hand over

the vacant, peaceful and physical possession of
House No.67, Sweet Homes Land, Model Colony,
Karachi to Plaintiff as he lawful purchaser and
ready to pay the remaining sale consideration of
suit property, in case of failure the Nazir of
this Honorable Court may please be directed to put
the Plaintiff in physical possession of suit
property peacefully.

c. To cancel the Sale Agreement Dated.08-02-2017

executed between Defendant No.8 and Defendant No.1
to 7, as such, the defendant No.8 was/is miserable
failed to perform the part of contract and due to
non-performance and default on the part of
Defendant No.8 the Said Sale Agreement become void
and liable to be cancelled.

d. To Grant the Permanent Injunction and whereby

to restrain the Defendants, their agents, sub-
ordinates, servants, employees, attorneys or any
 other persons or persons on their behalf, not to
create any third party interest or to dispose of
and to alienate the suit property i.e. House
No.67, Sweet Homes Land, Model Colony, Karachi.

e. Any other relief or reliefs as this Honorable

Court may deem fit and proper.

f. Grant the cost of this suit.

PLAINTIFF

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF

VERIFICATION

I, Muhammad Shabir S/o Muhammad Naseem Khan,

Muslim, adult, resident of Karachi, do hereby
verify and state on Oath that whatever sated
above is true and correct to the best of my
knowledge and belief.

DEPONENT

The above-named deponent is identified by me

ADVOCATE
IN THE COURT OF SENIOR CIVIL JUDGE EAST
AT KARACHI
CIVIL SUIT NO. OF 2020

MUHAMMAD SHABIR……………………………………………………………………Plaintiff.

Versus

NAILA QASIM & OTHERS……………………………………………………Defendants.

LIST OF LEGAL HEIRS

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF

IN THE COURT OF SENIOR CIVIL JUDGE EAST

AT KARACHI
CIVIL SUIT NO. OF 2020

MUHAMMAD SHABIR……………………………………………………………………Plaintiff.

Versus

NAILA QASIM & OTHERS……………………………………………………Defendants.

LIST OF DOCUMENTS

The documents attached with memo of plaint.

Any other documents and/or piece of evidence, if

any necessary for just decision of suit.

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF

IN THE COURT OF SENIOR CIVIL JUDGE EAST

AT KARACHI
CIVIL SUIT NO. OF 2020

MUHAMMAD SHABIR……………………………………………………………………Plaintiff.

Versus

NAILA QASIM & OTHERS……………………………………………………Defendants.

LIST OF WITNESSES

The list of witnesses shall be filed after

settlement of issues.
KARACHI.
DATED. ADVOCATE FOR PLAINTIFF

IN THE COURT OF SENIOR CIVIL JUDGE EAST

AT KARACHI
CIVIL SUIT NO. OF 2020

MUHAMMAD SHABIR……………………………………………………………………Plaintiff.

Versus

NAILA QASIM & OTHERS……………………………………………………Defendants.

APPLICATION U/O XXXIX RULE 1 & 2 CPC R/W

SECTION 151 CPC

It is most reverently implored on behalf of

Plaintiff that this Honorable Court be pleased to grant
interim injunction against the Defendants, and whereby
to restrain the Defendants, their agents, servants,
nominees, employees, associates, sub-ordinates,
laborers, attorney(s) and/or anyone else acting, from
creating any sort of third party interest in respect of
the suit property i.e. House No.67, Sweet Home Land,
Model Colony, Karachi and/or making any sort of attempt
to sell or to dispose of the same in any manner
whatsoever.

KARACHI
DATED: ADVOCATE FOR PLAINTIFF

IN THE COURT OF SENIOR CIVIL JUDGE EAST

AT KARACHI
CIVIL SUIT NO. OF 2020

MUHAMMAD SHABIR……………………………………………………………………Plaintiff.

Versus

NAILA QASIM & OTHERS……………………………………………………Defendants.

AFFIDAVIT IN SUPPORT OF APPLICATION U/O XXXIX

RULE 1 & 2 CPC R/W SECTION 151 CPC

I, Muhammad Shabir S/o Muhammad Naseem Khan,

Muslim, Adult, R/o Karachi, do hereby state on Oath as
under:-

1. That I am deponent herein and being Plaintiff

in the above-noted matter, as such, am fully
conversant with the facts to which I am deposing.
2. I say that the accompanying application has
been drafted and filed under my specific
instructions and for the sake of brevity the
contents thereof may please be treated as part and
parcel of this affidavit.

3. I say that I will be in the interest of

justice to allow the accompanying application.

4. I say that my valuable rights are being

involved and further in all fairness, I have made
out a prima facie good arguable case in my favor
and the balance of convenience and irreparable
loss are also in my favor.
5. I say that unless the accompanying application
is allowed I shall be bound to suffer an
irreparable loss, inconvenience and injury.

6. That whatever stated above is true and correct

to the best of my knowledge.

DEPONENT