IN THE COURT OF ADDITIONAL DISTRICT JUDGE,

MULTAN.

Sufi Muhammad Sadiq Vs. Muhammad Iqbal & others

RENT APPEAL

Application for amendment of written Statement.

Respectfully Sheweth: -
1. That the above captioned appeal is pending in the Hon’ble
Court and is fixed for today.
2. That it has been brought on the record of the case that Haji
Muhammad had sold his share of plot in dispute to one
Ghulam Sarwar under the decree of the Court, which was
passed in favour of Ghulam Sarwar against Haji Muhammad
etc. under a compromise after receiving full sale price of this
share of plot. Ex. R1 to R7 are the certified copies of plaint of
the declaratory suit, application for compromise, affidavit of
Haji Muhammad, receipt showing payment of balance amount
of sale price, statements of parties recorded by the court, order
and decree passed by the court. All these documents were
brought on the record with permission of the learned Rent
Controller.
3. That at the time of filing written reply of the Ejectment
application, these documents were neither in possession of the
appellant nor he had knowledge of the existence of these
documents as the same were in power and possession of
Ghulam Sarwar, decree holder. Hence this fact could not be
pleaded in the written reply.
4. That the learned Rent Controller, on the application of the
appellant, himself allowed to bring on record all the said
documents (R1 to R7) but, while making the impugned
judgment, omitted to read in evidence those documents on the
ground that these were out of pleadings of the parties.
5. That it was further proved on the record that Ghulam Sarwar
further sold his share of plot to the respondent/appellant vide
agreements dated 4.7.89 Ex. R11 and dated 19.8.90 Mark “C”
and after receiving full price of the said share of plot, handed
over possession of the same to the appellant and since then,
appellant is in possession of half share of plot in his own right
and had spent Rs. 12,00,000/- for the development of the
same.
6. That Ghulam Muhammad himself was instrumental in
surrendering his right to receive rent by agreeing to allow the
appellant not to pay further rent from 1.1.96 in lieu of
allowing him to reside in the upper portion of the plot and as
such his transferees (successors) are also estopped to claim
rent from the appellant.
7. That the appellant is aged about 90 years naturally developed
the habit of forgetfulness, could not conceive the relevancy of
the above mentioned facts and inadvertently failed to mention
this fact in so many words. Although he had successfully
brought these facts in evidence and there is no need to re-open
the case.
8. That there is no masking the fact that without specific plea,
finding thereon cannot be given.
9. That documents exhibits R1 to R11 which are already on the
record of the case are necessary to be read in evidence for just
decision of the case and for that purpose, the amendment in
the written statement is necessary.
10. That accordingly, the appellant/petitioner be allowed to amend
his written statement and add the following paras as
preliminary objections 1-A & 1-B.
11. That vide Supreme Court dicta laid down in PLD 1985 S.C.
345, regarding amendment of pleadings, policy had been very
liberal and even at Supreme Court level, amendment of
pleadings are allowed.
Wherefore, it is respectfully prayed that this
application may kindly be allowed and applicant may
kindly be permitted to amend his written statement.
Humble Appellant/Petitioner
Dated: 14.4.2001
(Sufi Muhammad Sadiq)

Through: -
Zaffar Iqbal Khan,
Advocate
124-District Courts, Multan.
 IN THE COURT OF ADDITIONAL DISTRICT JUDGE,
MULTAN.

Sufi Muhammad Sadiq Vs. Muhammad Iqbal & others

RENT APPEAL

Application for amendment of written Statement.

AFFIDAVIT of: -
Sufi Muhammad Sadiq S/o Ahmad Ali, caste Sheikh,
R/o Plot No. 221-Timber Market, Multan.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned application are true and
correct to the best of my knowledge and belief
and nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of April 2001 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief.

DEPONENT