IN THE COURT
OF SENIOR CIVIL JUDGE, LAHORE
CH.
ASIF NAZIR BHATTI son of Ch. Muhammad Nazir Bhatti R/o House No. – Sodiwal Multan Road District,
Plaintiff
Muhammad Nawaz Ahmad , (deceased)
Represented
through his legal heirs;
1.
Farid
Ahmad
2.
Jamil
Ahmad
3.
Mst.
All R/o House No. – New Samanabad Near Mini Market
Defendants
* *
*
SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT DATED
1.
That the addresses given in the caption of the
plaint are true and correct for the effective service of summons / notices.
2.
That
the brief are filing the suit are that the defendant namely Faqeer Muhammad (
deceased) was the owner in possession of land measuring 159 kanals comprising
Sallam Khata No. 25 and 26 bearing Khatooni No. 237-266 situated at Village
Keet Post Office Mustafa Abad, Tehsil Cantt and District Lahore.
3.
That
on 03-06-2007 the defendant entered into an agreement to
sell with the plaintiff regarding a land measuring 9 kanals and 11
marlas against a consideration of Rs. 1,75,000/-. The plaintiff at the time
of execution of said agreement to sell
dated 03-06-2007 paid and an amount of Rs. 1,70,000/- to the deceased defendant
in front of the witnesses which was dully received and acknowledged by the
deceased father of the defendants at the time of execution of the agreement to
sell. It is pertinent to mention here that the possession of land measuring 1
kanals was handed over to the plaintiff and since then the plaintiff is in
physical possession of land measuring 1 kanal and the plaintiff is enjoying the possession of
the said land without any interruption from any corner.
4.
That
according to the contents of the agreement sell dated
5.
That
after getting the possession of land measuring 1 kanal the plaintiff
constructed a double story house there upon and since 2007 the plaintiff is in
physical possession of the said land and is enjoying in peace full possession
without any in eruption.
6.
That
on 06-07-2007 the deceased father of the defendants passed away leaving behind
the defendants as his legal heirs and after the death of the deceased Faqeer
Muhammad the mutation was sanctioned in favor of the defendants vide mutation No. 1722, hence the defendants
became the full owner of the property / land left by the deceased Faqeer
Muhammad. It is pertinent to mention here that according to the contents of the
agreement to sell dated
7.
That
in the life time of the deceased father of the defendants the time for
execution / completion of the said agreement to sell dated 03-06-2007 was
extended with mutual consent of both the parties and after the death of the deceased
father of the defendants the time for the execution / completion was also
extended with mutual consent from time to time.
8.
That
the plaintiff has paid an amount of Rs. 1,70,000/- to
the deceased father of the defendants at the time of said agreement to sell and
the possession of land measuring 1 kanal was handed over to the plaintiff and
the plaintiff is willing to perform his remaining part of the agreement by
giving balance Rs. 5,000/- to the defendants and afterwards the defendants are
bound to get a registered sale deed executed in favour of the plaintiff
regarding the land measuring 9 kanals 11 marlas.
9.
That the defendants are bound to
receive/ take the balance amount of Rs. 5,000/- from the plaintiff and to execute a
registered sale deed in favour of the plaintiff as according to the contents of
the agreement to sell dated 03-06-2007 the defendants after receiving the
amount of consideration from the plaintiff have left with no rights / titled /
concern in any manner whatsoever with the suit property.
10.
That few days ago the plaintiff
through reliable sources came to know that the defendants with malafide
intention and some ulterior motives are trying to sell / alienate the suit
property to some third persons illegally and unlawfully for which they have no
right / titled in manner whatsoever.
11.
That the plaintiff coming to know
about the said factum of sale many a times approached the defendants and asked
them to take Rs. 5,000/- from the
plaintiff and to execute the registered sale deed in favour of the plaintiff
regarding the land measuring 9 kanals 11 marlas also to hand over the vacant
possession of the land measuring 8 kanals 11 marlas to the plaintiff, but the
defendant firstly lingered on the matter on one pretext or the other and
finally 2/3 days ago the defendants flatly refused to do the needful, hence the
necessity of file the instant suit arose.
12.
That
the suit falling under clause II of section 113 of the limitation act is within
time from the date of refusal.
13.
That
as the suit land is situated within the jurisdiction of
14.
That
the value of the suit for the purpose of court fee come to Rs. 15,000/- on the
sale price of Rs. 1,75,000/- and this court fee shall be fixed as and when available
from the treasury, wherein this amount has already been deposited. Necessary
permission for making up the deficiency may please given.
PRAYER:
Under
the circumstances and submission expounded above, it is therefore, humbly
prayed that the defendants be directed first to get clear the Dakheelkari
rights ( from the landlord-Punjab Govt.) and then get registered the sale deed
as agreed upon.
Any
other relief to which this honourable court deems fit and appropriate in favour
of the plaintiff may also be awarded. Cost of the suit may also be awarded.
Plaintiff
Through:-
Mudaber Hussain Qureshi
Advocate High Court
Session Court,