DRAFT/SPECIMEN/SAMPLE OF SUIT FOR DECLARATION ALONG WITH PERMANENT AND MANDATORY INJUNCTION

IN THE COURT OF SENIOR CIVIL JUDGE, ISLAMABAD (EAST)

Civil Suit No /2021

ABC………………….. S/O ……………………………..Khan

R/O House No…………., Street No. ……………….,

Sector, 01, Airport Housing Society, Rawalpindi

Through Special Attorney

Muhammad …………….. S/O Muhammad………………… Satti

R/O House No ………………… , Mohalla Manghora,

Town Chaklala, Rawalpindi

Muhammad Jalil S/O Dost Muhammad

R/O GOhora, Talhar, P.O Gokina,

Tehsil and district Islamabad

Gulberg Greens (IBECHS) Phase-III, Islamabad

GLC-6, Block-B, Gulberg Greens, Islamabad

SUIT FOR DECLARATION ALONG WITH PERMANENT AND MANDATORY INJUNCTION

Respectfully Sheweth;

That the addresses of the parties are sufficient for the purposes of legal correspondence and services of summons.
That the plaintiff is duly appointed as special attorney by Mr. Javed Akhtar S/O Ahmad khan to file and contest the suits on his behalf.

(Copy of Special Power of Attorney is annexed herewith as annexure “A”)

That the Plaintiff is the bona-fide Purchaser of the Flat (First Floor) Membership No. 02446, File No. GDH-00485, Measuring (1100 sq. Ft.) Situated at Dreams Heights Gulberg Greens, Islamabad.

That the Plaintiff entered into an agreement to sell with the Defendant No. 1 dated 08/08/2019 in the presence of the two male adult witnesses, whereby the plaintiff paid the amount of consideration for the said flat.

(Copy of Sale Agreement Dated 08/08/2019 is annexed herewith as annexure “B”)

That the plaintiff paid the amount of Rs. 5 lac to the Seller as a profit in cash along with seven lac and fifty six thousand rupees (Rs.756,000/-) in advance in the account of IBECHS on the behalf of defendant No. 1 in the year 2019 at the time of contract. Furthermore, the Defendant No. 1 has already been given an undertaking regarding the receiving of the aforementioned amount of consideration.

(Copy of the Deposit Slip is annexed herewith as annexure “C”)

(Copy of Undertaking given by the Defendant No. 1 is annexed herewith as annexure “D”)

That after receiving the amount from the plaintiff, the defendant no. 1 submitted the written request through “Transfer Form” to transfer the said flat in the name of plaintiff. Furthermore, after the duly signed agreement the Defendant No. 1 had to provide the Plaintiff his bank account no. in order to submit the remaining installments to the Gulberg Green’s Account (Defendant No. 2). However, the Defendant No.1 has not been provided his account no. to the Plaintiff in order to submit the remaining installments and delayed in one pretext and the other. Finally, two days before the filing of instant suit the Defendant No.1 refused to receive the remaining installments and to give the account No. which was the requisite condition imposed by the Defendant No. 2 for the receiving of installments.

(Copy of transfer form along with receipts of payments are annexed herewith as annexure “E”)

That the defendant No. 1 fraudulently and with mala-fide intention is trying to sell the said flat to someone else with the connivance of Gulberg greens (IBECHS) administration illegally.
That the cause of action arose firstly when the plaintiff purchased the aforementioned plot and 2^ndlywhen the defendant No. 1 refused to open the bank account to submit the remaining installments and thirdly, when he tried to sell the same flat to someone else fraudulently and with mala-fide intention and still continue.

That the property is situated at Gulberg-Greens (IBECHS) Islamabad, hence, this court has got jurisdiction to try the same.
That the value of the suit for the purpose of jurisdiction and court fee is fixed of Rs. 700,00,00/- and the requisite court fee shall be affixed accordingly.

PRAYER:

In the luminosity of the aforementioned facts and circumstances, it is therefore, humbly prayed that the plaintiff may be declared as lawful owner/ transfree of the said Flat i.e. Flat (First Floor) Membership No. 02446, File No. GDH-00485, Measuring 1100 Sq. Ft. Situated at Dreams Heights, Gulberg Greens, Islamabad and Defendant No. 1&2 may be directed, not to transfer the said flat in the name of any other party except the plaintiff upon completion of installments.

Furthermore, the Defendant No. 1 may kindly be directed to collect the remaining amount from the Plaintiff and submit the remaining installments as per the schedule provided by the Defendant No. 2.

Any other relief which this learned court may d defendants fit and proper may be granted in the best interest of justice

…Plaintiff

Through

ASADULLAH HASHMI NASRULLAH HASHMI

Advocate High Court Advocate High Court

Certificate

As per instruction received from the client, this is first Suit on the subject, filed on behalf of the Plaintiff before this Honorable Court. No other litigation on the subject matter is either has been decided by or pending before this Honorable Court or any other competent court of law.

Counsel

IN THE COURT OF SENIOR CIVIL JUDGE, ISLAMABAD (EAST)

Civil Suit No /2021

ABC……………….. S/O ……………………. through Special Power of Attorney

………………………………….

Muhammad Jalil S/O Dost Muhammad and others

SUIT FOR DECLARATION ALONG WITH PERMANENT AND MANDATORY INJUNCTION

AFFIDAVIT

I, Mr. Muhammad ABC S/O Muhammad …………Satti R/O House No……………. , Mohalla Manghora Town Chaklala, Rawalpindi , do hereby solemnly affirmed and declared that contents of above captioned Suit are true and correct to the best of my knowledge and belief.

Deponent

It is further affirmed that contents of above said affidavit are also true and correct to the best of my knowledge and belief and nothing has been concealed or withheld.

Deponent

IN THE COURT OF SENIOR CIVIL JUDGE, ISLAMABAD (EAST)

Civil Suit No /2021

C.M /2021

ABC…………………S/O ……………………. through Special Power of Attorney

Muhammad Adnan Satti

ABC………………….. S/O ……………………..Muhammad and others

SUIT FOR DECLARATION ALONG WITH PERMANENT AND MANDATORY INJUNCTION

AFFIDAVIT

I, MR………………… S/O …………………….. R/O House NO…………….. , Mohalla Manghora Town Chaklala Rawalpindi , do hereby solemnly affirmed and declared that contents of above captioned Suit are true and correct to the best of my knowledge and belief.

Deponent

It is further affirmed that contents of above said affidavit are also true and correct to the best of my knowledge and belief and nothing has been concealed or withheld.

Deponent

IN THE COURT OF SENIOR CIVIL JUDGE, ISLAMABAD (East)

Civil Suit No /2021

C.M /2021

ABC…………………..S/O ,,,,,,,,,,,,,,,,,,,,,,, through Special Power of Attorney

Muhammad …………….. Satti

Muhammad …………………. and others

SUIT FOR DECLARATION ALONG WITH PERMANENT AND MANDATORY INJUNCTION

APPLICATION FOR AD-INTERIM RELIEF UNDER ORDER XXXIX RULE I & II READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE 1908

Respectfully sheweth;

That the Applicant has filed a Suit, contents of which may be treated as an integral part of this application for the sake of brevity.
That the Applicant has a good prima facie case and there is likelihood of success.
That the balance of convenience lies in the favour of the Applicant.
That if the Defendants are not restrained from their illegal and unlawful act to transfer the said flat in the name of any other party, except the Applicant, he will suffer an irreparable lose.

PRAYER

It is, therefore, most humbly prayed that the Defendants may kindly be restrained to transfer the said flat to any other party illegally, till the final disposal of the Instant Suit, in the best interest of justice.

Furthermore, Learned Court may kindly direct the Defendant no. 1 to receive the remaining instalments from the applicant and submit before the Defendant No. 2 as per specified schedule.

Any other relief which this learned court may deems fit and proper may kindly be granted in the best interest of justice.

APPLICANT

Through

ASADULLAH HASHMI

Advocate High Court

LLM ITL

Certificate

As per instructions received from the client, this is first Application on the subject, filed on behalf of the Applicant before this Learned CourtLearned Court. No other litigation on the subject matter is either has been decided by or pending before this Learned Court or any other competent court of law.

Counsel

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