Civil Suit No. /2008.
Shahnawaz S/o Ahmed Khan Resident
of
House No.def
Near opposite power
House
Site Kotri, District Jamshoro………………………………………PLAINTIFF.
V E R S U S.
01. Naseem Ahmed S/o Sultan.
02. Sarwan S/o
Sultan
by caste Maqsood Pathan,
resident of Marri
Balouch
Colony Asadabad Site
Kotri,
District Jamshoro ………………..…………………………DEFENDANTS.
SUIT FOR PERMANENT &
MANDATORY INJUNCTION
The above named
plaintiff respectfully submits as under:-
1.
That the above named plaintiff is law abiding citizen of Pakistan
2.
That the parties to the suit are not agriculturists, as
such D.R.A Act is not applicable.
3.
That the house bearing No.431 situated at Near opposite
power House Asadabad Site Kotri, District Jamshoro,
shall hereinafter be called as suit property.
4.
That the above mentioned suit property belongs with the
plaintiff, which suit property was purchased by his father namely Nijabat Ali
alias Sain Baba in the year of 1991 through sale agreement from one Dildar S/o
Kaalia and the father of plaintiff was put in the possession of suit property since
then the suit property is under the physical possession of plaintiff. Copy of
sale agreement is submitted herewith as annexure “A”.
5.
That the plaintiff has been regularly paying the Utility
bills to the concerned authorities viz.
electricity bills, Sui Gas Bill, Telephone Bill and Water Supply Bills, however
the electricity bill and telephone bills are yet coming in the name of father
of plaintiff who has been expired and Sui gas as well as water supply bills are
coming in the name of plaintiff. Copies of utility bills are submitted herewith
as annexure “B” to “E”.
6.
That earlier one relative of defendant namely Muhammad
Ameen was trying to encroach upon the common street but plaintiff approached to
U-C Bolhari against the said person Muhammad Ameen however the chairman of Insaf Committee U.C
Bolhari made the decision in favour of plaintiff. Copy of such decision in
submitted herewith as annexure “F”.
7.
That both the defendant belongs to Land Mafia and Qabza
group and further the defendants have illegally unlawfully, encroached upon by
constructing the house over there and have closed some portion of common street,
which is situated besides the suit property.
8.
That about 10 days back the above named plaintiff went to the
defendants and requested them to remove the encroachment from common street as there is inconvenience for
general public of locality, on which both the defendant misbehaved and threaten the plaintiff that if the
plaintiff is interested for smooth way of general public then the suit property must be demolished from
northern side of the street.
9.
That since the both defendants are land grabbers already
they have occupied and encroached upon the common street by constructing the
house therein and now both defendants have evil eye over the suit property and
in this regard they are continuously making the designs to dispossess the
plaintiff from the suit property.
10.
That the acts of the defendants while forcibly,
illegally and unlawfully dispossess the
plaintiff from the suit property are illegal
and unjustified and same are liable to be restrained and plaintiff could
not be dispossessed from the suit property without due course of law.
11.
That cause of action to file the present suit has been
accrued about 10 days back when the plaintiff went to defendant for requesting
them to remove the encroachment from common street and threaten the plaintiff for
forcibly demolishing the suit property from northern side of common street, and
same is happening day by day till today
12.
That since the suit property is situated within the
jurisdiction of this Honourable Court, therefore, this Honourable Court has got
jurisdiction to entertain this suit.
13.
That suit of the plaintiff is valued at the rate of
Rs.10,000/- for permanent injunction and same is below the prescribed court
fee.
14.
That the plaintiff above named therefore, pray for
judgment and decree as under:-
P R A Y E R .
a)
That this Honourable Court may be pleased to issue
permanent and mandatory injunction against the defendants calling upon them to
remove the encroachment and to pull down the house raised illegally and
unlawfully from common street situated at Assadabad Colony Kotri and in case of
their failure, the same be got demolished at the costs of the defendants.
b)
That in meanwhile the defendants be restrained and
prohibited from interfering with the possession of plaintiff suit property
directly or indirectly through their agents, servants, masons, labourers in any
manner what so ever till the final disposal of the suit.
c)
That any other relief this Honourable Court may also be
granted
d)
Costs of the suit be borne on the defendants.
KOTRI.
DATED.17th
May, 2008. P
L A I N T I F F
V E R I F I C A T I O N.
I, _________________________, By caste ______________________________ adult,
Resident of _______________________________District Jamshoro, do hereby state
on oath this 17th day of May, 2008 at Kotri, and say that the
contents of the plaint are true and correct to the best of my knowledge and
belief.
Plaintiff/Deponent.
I
know the deponent.
ADVOCATE FOR PLAINTIFF.
DOCUMENTS FILED.
Documents Annexure A to F.
DOCUMENTS RELIED UPON.
if any found necessary.
Address of the parties are same which
are given in the title page of the suit,
for purpose of service.
ADVOCATE FOR PLAINTIFF.
IN THE COURT OF I-CIVIL JUDGE & JUDICIAL MAGISTRATE KOTRI.
Civil Suit No. /2008.
Shah Nawaz …………………….……………………………………PLAINTIFF.
V
E R S U S.
Ahmed Jan S/o Sultan others……………………………………DEFENDANTS
LIST
OF LEGAL HEIRS OF THE PLAINTIFF.
1.
2.
3.
4.
In
case of death of plaintiff the serial No.1 of the legal heirs shall inform the
courts.
KOTRI. PLAINTIFF.
DATED.17th May, 2008.
IN THE COURT OF I-CIVIL JUDGE & JUDICIAL MAGISTRATE KOTRI.
Civil Suit No. /2008.
Shah Nawaz …………………….……………………………………PLAINTIFF.
V
E R S U S.
Ahmed Jan S/o Sultan others……………………………………DEFENDANTS
APPLICATION
UNDER ORDER 39 RULE 1 & 2.
C.P.C READ WITH SECTION
151 C.P.C.
For the reason given in the
accompanying affidavit it is prayed that this Honourable Court be pleased to issue
permanent and mandatory injunction against the defendants calling upon them to
remove the encroachment and to pull down the house raised illegally and
unlawfully from common street situated at Assadabad Colony Kotri and in case of
their failure, the same be got demolished at the costs of the defendants,
whereby restraining the defendants not to forcibly dispossess the plaintiff
from the above mentioned suit property through themselves or their agents
including local police in any manner what so ever without due course of law application
is supported by accompanying affidavit.
The above prayer is made in
the interest of justice.
Kotri.
Dated. 17th April, 2008 . ADVOCATE
FOR PLAINTIFF.
IN THE COURT OF CIVIL JUDGE & JUDICIAL MAGISTRATE KOTRI.
Civil Suit No. /2008.
Shahnawaz........…………………….. ……. …………………PLAINTIFF.
V
E R S U S.
Gul Muhammad and
others………………………………….DEFENDANTS
A F F I D A V I T .
I, _______________________ Pir, muslim, adult,
Resident of _________________________________________ District Jamshoro, do hereby state on oath as under:-
1.
That I am plaintiff in the above matter as such am well
conversant with the facts of the case.
2.
That the accompanying application under order 39 rule 1
and 2 CPC R/W Section 151 CPC has been drafted under my instructions and I say
that its contents are true and correct to the best of my knowledge and belief.
3.
That I have made out a good prima facie case for grant of
injunction,
4.
That the balance of convenience lies in my favour.
5.
That in case the injunction is not granted I shall suffer
irreparable loss and injury which can not be compensated in shape of money.
6.
That for the sake of brevity the contents of the stay
application may be treated and read as part and parcel of this affidavit.
7.
That whatever stated above is true and correct to the bet
of my knowledge and belief.
Kotri Plaintiff/Deponent.
Dated. 17th May, 2008 .
I
know the deponent.
ADVOCATE FOR PLAINTIFF.
