IN THE COURT OF SESSION JUDGE LAHORE.
Mian Tahir Javaid son of Ashiq Hussain Javaid resident of Rehman abad Thsil Safdar abad district Sheikhpura
1. Rana Khalid Majeed son of Rana Abdul Majeed Khan resident
of House No 5 Street No 5 – A Islam nagar Shahadara Lahore.
2. Mr Khurram Khan Virk learned Magisterate Lahore.
May it please your honour ,
1. That the petitioner is a law abiding citizen of Pakistan and has very good antecendent in his credit and never involve in any criminal case.
2. That the petitioner purchased a car No LEA . 1467 from the respondent No 1 with the consideration of Rs 360 , 000 / - and paid the total amount at the spot in the presence of the witnesses transfer deed . Authority Letter . Bahmee Muaheeda . are annexed with this petition . As annexture A . B. C.
3. That the above said car was bank leasing and the petitioner issued cheques to the name of the bank and handed over that cheques to the respondent No. 1 and took possession of the car on the same day i.e. 1 – 2 – 08 .
4. That the petitioner deposited the bank installments of the above said car regularly , copies of installment recipts As annex. D . are annexed with the plaint.
5. That the above said car was in the used of the petitioner , but unfortunately a road accident took place on 24 – 8 – 08 . at sargodha and car was detained in the police station satellite town sargodha .
6. That the car was on the name of the respondent No . 1 so the petitioner approach the respondent No 1 and requested him to allow the superdari to the petitioner , which request was accepted by the respondent .
7. That the respondent No 1alongwith the petitioner approached the honourable court of sargodha for the superdari of the above said car , but the respondent No 1 detectfully and after traping the petitioner took the car from the police station on superdari without any lawful excuse .
8. That when the petitioner came to know about the high handed ness of the respondent No 1. he tried his level best to trace the respondent No 1. but the respondent No 1. did not join or contact or to receive the call of the petitioner .
9. That the respondent No 1 again sold out the above said car or play drama to another person namely Rana Shahid Mehmood son of Abar Ali Khan , while the respondent No 1 was legally not empower to do such kind of unlawful act .
10. That an occurance took place between the respondent No 1 and the Rana Shahid Mehmood , so the police took the possession of the car under section 550 cr. p. c.
11. That when the petitioner came to know about the high handed ness of the respondent No 1 he filed an application for superdari of the above said car . and the respondent No 1 also filed an application of superdari before the respondent No 2.
12. That the respondent No 2 after hearing both the parites , ordered to approach the honourable civil court for the appropriate order , which is against the law and facts.
Under the circumstances it is most respectfully prayer that respondent no 2 be directed that pass an order and direct the respondent no 1to deliver the said vehicle to the petitioner as he is the real honour of the car
Through : -
Muhammad Abid Mughal,
Advocate High Court,