IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE

 

 

 

 

 

 

 

 

 

 

Civil Suit No.___________/2012

1.           MUHAMMAD MUSHTAQ son of Muhammad Shafi,

2.           Mst. Firdous Begum

3.           Mst. Misbah Parveen

Daughters of Muhammad Shafi (deceased).

4.            Mst. Musarat Bibi Widow of Muhammad Ashraf son of Muhammad Shafi

5.           Muhammad Imran Ashraf

6.           Muhammad Irfan Ashraf

7.           Muhammad Kamran Ashraf

Plaintiffs No. 5 to 7 sons of Muhammad Ashraf (deceased).

8.           Mst. Nafeesa Nadeem D/o Muhammad Ashraf W/o Muhammad Nadeem

9.           Mst. Chand Bibi Wd/o Liaqat Ali son of Muhammad Shafi

10.       Waqas Ahmad

11.       Asad Liaqat

12.       Mst. Faiza Ishfaq W/o Muhammad Ishfaq

Plaintiffs No. 10 to 12 sons and daughter of Liaqat Ali (deceased).

13.       Mst. Nasreen Wd./o Muhammad Aslam son of Muhammad Shafi (deceased)

14.       Adnan Aslam

15.       Farhan Aslam

Plaintiffs No. 14 & 15 sons of Muhammad Aslam (deceased).

16.       Mst. Zoobia Ismail

17.       Mst Ayesha Maqbool

18.       Mst. Rubi Aslam

Plaintiffs No.16 to 18 daughter of Muhammad Aslam (deceased).

19.        Mst. Musarrat Razzaq Wd./o Abdul Razzaq son of Muhammad Shafi (deceased)

20.       Muhammad Umar son of Abdul Razzaq

21.       Mst. Sumaira Razzaq

22.       Mst. Memoona Irfan

Plaintiffs No. 21 & 22 daughters of Abdul Razzaq (deceased).

All r/o House No.8 Street No.38 Shah Alam Street, Near Masid Arain, Ichhra, Lahore.  

 

                                                                       Plaintiffs

VERSUS

1.           Public at Large

2.           Excise and Taxation Department, Ichhra Circle-I, Zone No.4, Region-(A), Ihsaan Building 2/A, Freed Kot Road, Lahore.

                                                                    Defendants

 

SUIT FOR DECLARATION WITH CONSEQUENTIAL RELIEF.

 

Respectfully Sheweth:-

1.           That the predecessor-in-interest of the plaintiffs has six sons and two daughters namely Muhammad Mushtaq (plaintiff No.1), Mst. Firdous Begum, Mst. Misbah Parveen (daughters/plaintiffs No.2 & 3), Muhammad Ashraf (deceased) husband of plaintiff No.4 and father of plaintiffs No.5 to 8, Liaqat Ali (deceased son) husband of plaintiff No.9 and father of plaintiffs No.10 to 12, Muhammad Aslam (deceased son) husband of plaintiff No.13 and father of plaintiffs No.14 to 18, Abdul Razzaq (deceased son) husband of plaintiff No.19 and father of plaintiffs No.20 to 22. It is pertinent to mention here that one son namely Gulzar has also died issueless.

2.           That the said Muhammad Shafi died on 17-08-1992 and leaving behind plaintiffs as his legal heirs. It is pertinent to mention here that after the death of said Muhammad Shafi/ predecessor-in-interest of plaintiffs, his five sons have also died.

3.           That the predecessor-in-interest of plaintiffs left behind the property No.SXVIII-43-S-8-A, Circle-I, Zone-IV, Region-A situated at 38 Shah Alam Street Ichhra, Lahore. Copy of registered sale deed attached here with.

4.           That pedigree table of legal heirs of deceased Muhammad Shafi is on next page.

5.           That after the death of Muhammad Shafi, the predecessor-in-interest of plaintiffs, plaintiffs inherited his property mention in para No.3 of the plaint, being his legal heirs according to their legal shares respectively.

6.           That the plaintiffs approached the defendant No.2 for transferring the suit property in their names but he refused to do so. The defendant No.2 is legally bound to transfer the said property in the name of plaintiffs according to Sharia Law but the defendant No.2 without any legal justification refused to transfer the said property in the name of the plaintiffs. The defendant No.2 also demanded the decree of court as declaration of legal heirs of deceased, hence this suit.

7.           That the cause of action firstly accrued in favour of plaintiffs against the defendant No.2 on 17-08-1992  after the death of predecessor-in-interest of plaintiffs and lastly when the defendant No.2 refused to transfer the suit property in the name of plaintiffs which is still continuing.

8.           That the parties reside in Lahore and cause of action has also arisen here, therefore this learned court has got jurisdiction to try and adjudicate upon this matter.

9.           That the value of the suit for the purposes of court fees and jurisdiction is fixed at Rs.200/- which is exempt from affixation of court fees.

PRAYER:

In view of the above submissions, it is therefore, most humbly prayed that a decree for  declaration may very graciously be passed in favour of plaintiffs as legal heirs of deceased Muhammad Shafi in supreme interest of justice, equity and fair play.

                It is further prayed that the defendant No.2 may very kindly be directed to transfer the suit property in the name of the plaintiffs in the relevant Departmental Record.

                Any other relief which this honourable court deems fit and appropriate in favour of the plaintiffs may also be awarded.

 

 

 

 

 

 

 

 

Plaintiffs

 

Through:-

                                                                                               

                                                 Muhammad Nisar Malik

Advocate High Court

VERIFICATION:

Verified on oath at Lahore on this 24th day of February 2012 that the contents of the Suit are true and correct to the best of my knowledge, information and belief and nothing has been concealed so far.

Plaintiff