IN THE COURT OF DISTRICT JUDGE, QUETTA

Civil Suit No.________/2023

Baqir Alvi
Caste Alvi
R/o Islamabad
. . . . PLAINTIFF
VERSUS
1. Shami Hassan
2. Ilyas Touqeer
R/o Satellite Town, Quetta.
. . . . DEFENDANT
SUIT FOR DECLARATION AND SPECIFIC
PERFORMANCE AGREEMENT DATED
SEPTEMBER 2023 AND SUIT FOR PERMANENT
INJUNCTION
The defendants most respectfully submits as under:-

1. Brief facts giving rise to file this suit are that the

defendants are law abiding, faithful and patriot citizen of

Pakistan and living on the address mentioned in the title of suit.

2. That the plaintiff and defendants entered into a sale

transaction through agreement dated September 2023 , whereby

the plaintiff agreed to sell his property measuring 20000 Sqft,

situated at main city Quetta, against an amount of

Rs.20,000,000/-, the defendant no 1 paid an amount of

Rs.20,000,000/- to the plaintiff and possession handed over to the

defendant no 1 on 15 oct 2023.

(HEREINAFTER REFERRED AS PROPERTY IN QUESTION)

Copy of agreement dated September 2023 is annexed herewith
as ANNEXURE ‘A’.

3. That after execution of the agreement it was the

responsibility of plaintiff to transfer the mutation in the name of

defendant no 1 , but despite of elapsing such long period, the

plaintiff failed to perform his obligation, the defendant no 1 time

and again approached the plaintiff with the request to perform

his obligations, but the plaintiff on the one way or the other is

procrastinating the matter, which is highly uncalled for.

4. That the plaintiff is legally bound down to perform

his part of obligations as per agreement dated 15-11-2023, but he

is lingering on the matter in order to play fraud with the

defendant which is against the law, facts and justice.

5. That the cause of action has been accrued to the

defendant no 1 against the plaintiff initially when the defendant

and plaintiff entered into a sale transaction, whereby the Plaintiff

agreed to sell the property in question upon the defendant no 1

against an amount of Rs.20,000,000/-, the defendant paid an

amount of Rs.20,000,000/- to the plaintiff while the cause of

action again accrued to the defendant and against the plaintiff

when he time and again approached the plaintiff with the

request to perform his obligations, but the plaintiff on the one

way or the other is procrastinating the matter, which is highly

uncalled for, the plaintiff is legally bound down to perform his

part of obligations as per agreement dated 15-11-2023, but he is

lingering on the matter in order to play fraud with the defendant

which is against the law, facts and justice and this cause of action

still subsists.

6. That the cause of action has been accrued to the

defendant no 1 against the plaintiff within the territorial

jurisdiction of this Hon’ble Court, as such, this Court is

competent to adjudicate upon the matter.

7. That the cause of action has been accrued to the defendant no

1 against the plaintiff revoked on agreement on 10 November

2023.

8. That the cause of action has been accrued to the defendant no

1 against the plaintiff is not resident of territorial jurisdiction.

7. That subject matter of the suit for the purpose of

declaration and specific performance is valued at Rs.10,000/- on

which prescribed court fee of Rs.38.50/- has been affixed.

It is, therefore, respectfully prayed that a decree in

favour of defendant and against the plaintiff may be passed to

the following effect: -

A. To declare that the plaintiff is a defaulter by

way of non fulfillment of terms and

conditions of agreement dated 15-11-2023 by

not transferring the mutation entries of the

property in question in favour of defendant

no 1.
 B. To further declare that as per agreement

dated 15-11-2023 executed between the

parties and after payment of half amount of

sale consideration, the plaintiff is legally

bound to transfer the mutation entries in

favour of plaintiff.

C. To direct the plaintiff to perform his

obligations according to terms and

conditions of agreement dated 15-11-2023.

D. Any other relief as may be deemed fit and

appropriate in the circumstances of the case.

Dated: 15-11- 2023 PLAINTIFF

VERIFICATION
Verified on oath that the contents of above suit/plaint are
true and correct to the best of my knowledge and nothing
relevant has been concealed there from.

Dated: 24-03-2015 PLAINTIFF

DOCUMENTS FILED/RELIED UPON.
1. Copy of agreement dated September2023
2. Any other document will be filed subsequently after
getting permission from this Hon’ble Court.

Dated: 15-11-2023 Defendants

 IN THE COURT OF DISTRICT JUDGE, QUETTA
Civil Suit No.________/2023

Baqir Alvi
Caste Alvi
R/o Islamabad
. . . . PLAINTIFF
VERSUS
1. Shami Hassan
2. Ilyas tauqeer
R/o Satellite Town, Quetta.
. . . . DEFENDANT
SUIT FOR DECLARATION AND SPECIFIC
PERFORMANCE AGREEMENT DATED
SEPTEMBER 2023 AND PERMANENT
INJUNCTION

APPLICATION U/O 39 RULES 1 & 2 CPC.

The Defendant respectfully submits as under: -

1. That the defendant has filed the above titled suit,

which is based on good grounds of facts and law, as such, there

is every likelihood of its being accepted.

2. That for the sake of brevity contents of main suit may

be treated as part and parcel of this application, however, it is

submitted that a prima facie case is made out in favors of the

defendant.
3. That the plaintiff has committed fraud with the

defendant by non transferring the mutation entries in favour of

plaintiff in violation of agreement dated 15-11-2023, as such, if

the plaintiff is not restrained from selling the property in

question to some one else, the very purpose of filing of instant

suit would be frustrated and defendant would suffer from

irreparable loss and inconvenience.

4. That all the ingredients for grant of stay are in favor

of the defendant..

It is, therefore, respectfully prayed that pending

disposal of suit the defendant may kindly be restrained from

selling the property in question to some one else, with any other

relief , in the interest of justice.

Dated: 15-11-2023 Defendant .

AFFIDAVIT
I, Shami hassan ,, R/o Setilite Town , Quetta, adult Muslim
do hereby solemnly affirm and state on oath that the contents of
the application are true and correct to the best of my knowledge
and belief and nothing material has been concealed there from.

DEPONENT