Asad Ullah Hashmi LLM-ITL (Medalist) Advocate High Court

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT, PERMANENT INJUNCTION ALONGWITH TEMPORARY RELEIF SAMPLE / DRAFT / SPECIMEN

IN THE COURT OF LEARNED SENIOR CIVIL JUDGE, ISLAMABAD (WEST)

Suit No. _______/2025

Amjad Ali S/o Muhammad Rafique
R/o House No. 1007, Street No. 16, Sector G-11/1, Islamabad.
… Plaintiff

VERSUS

  1. Zubair HussainS/o Umar Hayyat
    R/o House No. 403, Street No. 39, Sector F-11/3, Islamabad.
  2. Moeez Ahmad Khan of TOPCITY-1(Project of Dynast Associates), Office # 7-11, 1stFloor, Sajid Sharif Plaza, Sector G-11 Markaz Islamabad
    … Defendants

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT, PERMANANT & MANDATORY INJUNCTION ALONGWITH TEMPORARY RELIEF UNDER ORDER XXXIX RULE 1 & 2 READ WITH SECTION 151 CPC 1908 AND OTHER ENABLING PROVISION OF LAW  

Respectfully Sheweth:

1. That the addresses of the parties are sufficient for the service of summons by this honorable court.

2. That brief facts leading to filing the instant suit are that on 29/12/2024 the defendant no. 1 agreed to sell the herein below mentioned plot no. 38-C and issued acknowledgement receipt on the stamp-paper’s back side duly issued by him and it was decided that on 03-01-2025 the plaintiff and defendant no. 1 will write and execute sale agreement and in furtherance thereof, the plaintiff and the defendant no. 1 entered into a lawful sale agreement for the purchase of Plot No. 38-C, Registration No. TC1-CA-7474, Block-A (Kunwer Block), Top City-1, Islamabad, measuring 520 sq. yards, for a total and final sale consideration of PKR 26,00,00,000/- (Twenty-Six Crore Rupees).  

(Copy of Sale Agreement is annexed herewith as annexure “A”)

3. That in pursuance of the said agreement, the plaintiff paid token money of PKR 2,00,000/- (Two Lac Rupees) to the defendant through online transfer on 29-12-2024. It was mutually agreed that on 03-01-2025, the defendant no. 1 would sign the sale agreement after receiving PKR 1,50,00,000/- (One Crore Fifty Lac Rupees). The defendant no. 1 duly acknowledged this arrangement at the back of the sale agreement/stamp paper in the presence of witness, signing and affixing thumb impressions.

(Copy of Bank Statement of Token Money alongwith screenshot of payment are annexed herewith as Annexure “B”)

4. That on the fixed date, i.e., 03-01-2025, the plaintiff paid a further PKR 16,60,00,000/- (Sixteen Crore Sixty Lac Rupees) to the defendant no. 1, broken down as follows:

  1. PKR 12,60,00,000/- (Twelve Crore Sixty Lac Rupees) in cash;
  2. Three flats located at Aim Arcade, Sector D-12 Markaz, Islamabad, valued at PKR 3,10,00,000/- (Three Crore Ten Lac Rupees), which amount was adjusted towards the sale consideration of the said plot 38-C, Block-A, TOPCITY-1 Islamabad.
  3. That subsequently, when the plaintiff demanded possession as per theterms of sale agreemente. clause 3(3), the defendant no. 1 refused and insisted on a cash payment of PKR 3,10,00,000/- (Three Crore Rupees) in return of the said flats which were adjusted in the payment of plot no. 38-C, promising to return the flats valued at PKR 3,10,00,000/-. For this purpose, the plaintiff, on 12-03-2025, issued two cheques from Meezan Bank:
  • Cheque No. D-47948199 dated 15-03-2025 for PKR 20,00,000/- (Twenty Lac Rupees);
  • Cheque No. D-47948200 dated 05-08-2025 for PKR 2,90,00,000/- (Two Crore Ninety Lac Rupees).

It was pre-agreed that upon issuance of these cheques, the defendant would deliver the possession of the suit plot.

(Copy of Agreement Dated 12/03/2025 Regarding the Return of 3-Flats Adjusted in the Consideration is Annexed herewith as Annexure “C” )

  1. That when the plaintiff’s labour force commenced work on the said plot, the defendant 1stopped the work and refused to deliver possession. Thereafter, it was mutually agreed that the plaintiff would pay the full balance amount of PKR 13,50,00,000/- (Thirteen Crore Fifty Lac Rupees) at the time of transfer of the said plot on 05-08-2025, and the defendant would return both hereinabove mentioned cheques to the plaintiff & the defendant no. 1 would be duty bound to transfer the said plot upon balance payment.
  2. That on 05-08-2025, when the plaintiff approached the defendant1for transfer of the said plot and assured full payment of PKR 13,50,00,000/- at the time of transfer, the defendant no. 1 demanded PKR 35,00,000/- for documentation and other charges out of balance payment. On 12-08-2025 at approximately 12:20 a.m., the plaintiff paid PKR 10,00,000/- in cash through ATM withdrawal from F-10 Markaz, Islamabad. Despite this, the defendant no. 1, with mala fide and fraudulent intent, blackmailed the plaintiff, refused to transfer the said plot no. 38-C, and also refused to return the aforementioned cheques.

(Copy of Bank Statement of Plaintiff Showing Withdrawal of 10 Lac Rupees are Annexed herewith as Annexure “D”)

  1. That the plaintiff has already paid PKR 12,72,00,000/- (Twelve Crore Seventy-Two Lac Rupees) to the defendant 1 towards the agreed sale consideration, yet the defendantno. 1 is now threatening to sell the said plot to a third party at a higher price, thereby depriving the plaintiff of his lawful rights.
  2. That the plaintiff came to know that the defendant no. 1 in connivance with some other qabza mafia trying to sell the subject plot to other person  despite the fact that the subject plot has already been sold to the plaintiff  and 12 Crore & 72 Lac Rupees has already been received by the defendant no. 1 and trying to cause irreparable loss to the plaintiff.
  3. That the subject property is unique in nature(specific plot in Top City-1 with particular registration and location); no monetary compensation can be an adequate substitute—the doctrine of uniqueness of immovable property
  4. That the Defendant 1’sthreat to create third-party interests will:
  5. Render the decree for specific performance infructuous.
  6. Cause irreparable reputational damage to the plaintiff in the real estate market.
  • Misuse of plaintiff’s cheques would cause double jeopardy—financial exposure and criminal proceedings risk—beyond mere monetary loss.
  1. That now the defendant no. 1 is continuously threatening of dire consequences and refused to transfer & deliver the possession of the subject plot and depriving the plaintiff.
  2. That the Plaintiff has performed substantial obligations and is ready and willing to pay the balance of PKR 13,28,00,000/-at the time of transfer, satisfying Section 24(b) of the Specific Relief Act (continuous readiness and willingness). The defendant 1 has received more than 48% of the total consideration and still refuses to perform, showing mala fide intent.
  3. That the cause of actionfirstly accrued to the plaintiff on 29-12-2024 when the token money of PKR- 200,000/- was handed over to the defendant no. 1, 2ndly when the defendant no. 1 issued the acknowledgment receipt at the backside of the stamp-paper, 3rdly, when the sale agreement was executed on 03/01/2025, on various dates when the payments were made, on 03-01-2025 when major consideration was paid in cash and through adjustment of three flats located at D-12, 4thly when cheques were issued in return of already adjusted flats in consideration amount, and finally on 12-08-2025 when the defendant refused to transfer  the plot in the name of plaintiff and threatened to sell it to another and causing humiliation and cause of action is
  4. That the cause of action arose within the territorial limits of this Honourable Court’s jurisdiction,as both parties are the resident of Islamabad, the sale agreement was executed, consideration was paid at Islamabad, The Head office of the TOPCITY-1 is also located at Islamabad and the subject property i.e., Plot No. 38-C, Registration No. TC1-CA-7474, Block-A (Kunwer Block), measuring 520 sq. yards, located at Block-A, Top City-1, Islamabad, is situated within the jurisdiction of this Honourable Court.
  5. The value for the purposes of jurisdiction is PKR 26,00,00,000/- (Twenty-Six Crore Rupees), and the maximum court fee shall be affixed accordingly.

PRAYER:
In view of the above facts and circumstances, it is most respectfully prayed that this Honourable Court may graciously be pleased to:

  1. Decree the suit for specific performance of contractby directing the defendantno. 1 to execute the sale deed and transfer Plot No. 38-C, Registration No. TC1-CA-7474, Block-A (Kunwer Block), Top City-1, Islamabad, in favour of the plaintiff after receiving the balance sale consideration of PKR 13,28,00,000/- from the plaintiff;
  2. Restrain the defendantno. 1permanently from selling, transferring, alienating, or creating any third-party interest in the said plot in any manner whatsoever;
  3. Direct the defendant no. 1 to returnthe two cheques bearing Nos. D-47948199 and D-47948200 issued by the plaintiff;
  4. Award costs of the suit and any other relief deemed just and proper by this Honourable Court.

 

…Plaintiff
(Amjad Ali)

Through

 

ASADULLAH HASSAN HASHMI

ADVOCATE HIGH COURT

LLM-ITL(Medalist)

0332-7516974 , 0332-0074848

 

“Lex & Juris” Barristers & Legal Consultants
Office No. 4, Block-D-7, FGEHA. Apartments, Sector-G-11/4, Islamabad

 

 

 

IN THE COURT OF LEARNED SENIOR CIVIL JUDGE, ISLAMABAD (WEST)


Suit No. _______/2025

Amjad Ali S/o Muhammad Rafique
R/o House No. 1007, Street No. 16, Sector G-11/1, Islamabad.
 … Applicant/Plaintiff

VERSUS

Zubair Hussain etc.
…Respondents/Defendants

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT, PERMANANT & MANDATORY INJUNCTION ALONGWITH TEMPORARY RELIEF UNDER ORDER XXXIX RULE 1 & 2 READ WITH SECTION 151 CPC 1908 AND OTHER ENABLING PROVISION OF LAW  

 

AFFIDAVIT

 

 

I, Amjad Ali S/O Muhammad Rafique resident of Islamabad do hereby solemnly affirm and declare that the contents of above suit are true and correct to the best of my knowledge and believe.

 

…DEPONENT

 

I, also affirm that the contents of this affidavit are also true and correct and nothing has been concealed herein.

 

 

 

…DEPONENT

 

 

 

 

 

 

 

 

 

IN THE COURT OF LEARNED SENIOR CIVIL JUDGE, ISLAMABAD (WEST)

C.M No.________/2025

IN
Suit No. _______/2025

 

Amjad Ali S/o Muhammad Rafique
R/o House No. 1007, Street No. 16, Sector G-11/1, Islamabad.
 … Applicant/Plaintiff

VERSUS

Zubair Hussain etc.
…Respondents/Defendants

APPLICATION UNDER ORDER XXXIX RULES 1 & 2 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH SECTION 151 CPC FOR GRANT OF TEMPORARY INJUNCTION

IN

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT, PERMANANT & MANDATORY INJUNCTION ALONGWITH TEMPORARY RELIEF UNDER ORDER XXXIX RULE 1 & 2 READ WITH SECTION 151 CPC 1908 AND OTHER ENABLING PROVISION OF LAW  

 

Respectfully Sheweth:

  1. That the applicant/plaintiff has filed the accompanying suit for specific performance of contract, permanent and mandatory injunctionagainst the respondent/defendant, which is pending adjudication before this Honourable Court. The contents of the plaint may kindly be read as an integral part of this application to avoid unnecessary repetition.
  2. That briefly, the plaintiff and defendant entered into a valid and binding sale agreement for Plot No. 38-C, Registration No. TC1-CA-7474, Block-A (Kunwer Block), measuring 520 sq. yards, Top City-1, Islamabad, for a total sale consideration of PKR 26,00,00,000/- (Twenty-Six Crore Rupees).
  3. That the plaintiff, in part performance of the said contract, has already paid an amount of PKR 12,72,00,000/- (Twelve Crore Seventy-Two Lac Rupees) to the defendant 1 through various modes including cash, online transfers, and adjustment of property value.
  4. That as per the mutually agreed terms, the transfer of the said plot was to take place on 05-08-2025 upon payment of the remaining balance of PKR 13,28,00,000/- (Thirteen Crore Fifty Lac Rupees) at once, and the defendant/Respondent no. 1had undertaken to return two cheques previously issued by the plaintiff alongwith the transfer of subject plot no. 38-C.
  5. That however, the defendant/respondent no. 1, with mala fide and fraudulent intent, has refused to transfer the said plot and is now openly threatening to sell, transfer, or create third-party interest in the said property at a higher price, thereby depriving the plaintiff of his lawful and contractual rightsbeing bona-fide purchaser.
  6. Thatthe balance of convenience lies entirely in favour of the Applicant/plaintiff, who has already invested a substantial amount towards the purchase price. If the defendant/respondent no. 1 is not restrained from creating third-party interest, the plaintiff/Applicant will suffer irreparable loss and injury, which cannot be adequately compensated in terms of money as the reputation of the plaintiff is at stake in the market.
  7. That the plaintiff/Applicanthas a strong prima facie case, the matter is urgent, and intervention of this Honourable Court is necessary to preserve the subject matter of the suit until final adjudication.

 

PRAYER

In the light of the above facts and circumstances, it is most respectfully prayed that this Honourable Court may graciously be pleased to:

  1. Issue an ad-interim injunction restraining the defendant 1, his agents, representatives, attorneys, or any person acting on his behalf from selling, transferring, alienating, encumbering, or creating any third-party interest in Plot No. 38-C, Registration No. TC1-CA-7474, Block-A (Kunwer Block), Top City-1, Islamabad, till the final disposal of the suit;
  2. Further restrain the defendant no. 1 to misuse the subject cheques of Meezan Bank i.e. Cheque No. D-47948199& D-47948200 with mala-fide & fraudulent intention just to humiliate or harass the applicant/plaintiff till the final adjudication of the the suit.
  3. Pass any other order deemed just and proper in the interest of justice.

 

 

 

 

 

 

IN THE COURT OF LEARNED SENIOR CIVIL JUDGE, ISLAMABAD (WEST)


Suit No. _______/2025

Amjad Ali S/o Muhammad Rafique
R/o House No. 1007, Street No. 16, Sector G-11/1, Islamabad.
 … Applicant/Plaintiff

VERSUS

Zubair Hussain etc.
…Respondents/Defendants

APPLICATION UNDER ORDER XXXIX RULES 1 & 2 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH SECTION 151 CPC FOR GRANT OF TEMPORARY INJUNCTION

 

AFFIDAVIT

 

 

I, Amjad Ali S/O Muhammad Rafique resident of Islamabad do hereby solemnly affirm and declare that the contents of above application, are true and correct to the best of my knowledge and believe.

 

…DEPONENT

 

I, also affirm that the contents of this affidavit are also true and correct and nothing has been concealed herein.

 

 

…DEPONENT

 

 

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