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| suit for possession, partition, and cancellation |
Purpose To seek partition and possession of a common holding land among the parties through the civil court with defining of share of each party.
BEFORE THE COURT OF LEARNED-SENIOR-CIVIL-JUDGE
In the matter of
(Name, parentage,
and complete address of the plaintiff/ s) ….Plaintiffs
Versus
Name, parentage, and complete address of the
defendant/ s) …. Defendants
SUIT FOR
DECLARATION, POSSESSION, PARTITION, CANCELLATION ETC
Respectfullythe Sheweth;
That the precursor in interest of plaintiffs
and defendant No. 5 to 9 videlicet Ameer Haider S/ o Bahadur Khan was the proprietor of land measuring 11 Marlas, bearing KhewatNo. 131, KhatooniNo. 287,
KhasraNo. 1385/ 102/6/2( 0K- 14M), 1386/102/7( 1K- 0M) total measuring 1K- 14M
being1/3 share, positioned in profit Estate of Tahilan Dehati, Tehsil &
District Rawalpindi vide sale mutationNo. 681, dated01.09.1961. Copy of the
mutation is attached herewith for the kind perusal of this Hon ’ ble court.
That in the above said mutation, the parentage
of said Ameer Haider was inadvertently mentioned as Sharif Ahmed rather of
Bahadar Khan. It's applicable to mention then that the vendees of the above
said mutation videlicet Ibrahim and Karam Dad son of Sharif Ahmed were real
paternal relatives of Ameer Haider.
That the precursor interest of plaintiffs and
defendant No. 5 to 9 videlicet Ameer Haider was failed on13.11.1966 leaving
before following legal heirs at law and their shares-
Meer Dad 2M- 2S
(Precursor of plaintiffs
No. 19 to 29)
ii. Saleem Khan 2M- 2S
iii. Mohammad Sarwar 2M- 2S
precursor of defendant no. 5 to 9)
iv. Mst.
Mussarat Bi 1M- 1S
precursor of plaintiff 1 to 18)
Mst. Rakhim Jan 1M- 1S
precursor of plaintiff No. 30)
vi. Mst.
Maqbool Bi 1M- 1S
vii. Mst. Razia Begum 1M- 1S
That out of the said legal heirs at law Meer
Dad, Mst. Maqbool Bi and Mst. Razia Begum transferred 3M- 3S( 1M- 1S each) in favor
of Muhammad Akbar vide gift deedNo.3877/1, BookNo. 1, Vol.No. 1729, on runners56/58,
dated04.03.1981, registered with Sub Registrar, Rawalpindi. Copy of the gift
deed is adjoined herewith for kind perusal of this Hon ’ ble court.
That the said Saleem Khan son of Ameer Haider
transferred his share 2M- 2S in favor of Mohammad Aslam S/ o Qadir Bakhsh, R/ o
Tarlai Khurd, Islamabad vide deed No. 2432, Book No. 1, Vol. No. 11 on runner No.
232 and its indistinguishable dupe pasted on BookNo. 1, Vol.No. 125 on
runners43/45, dated29.03.1984, registered with Sub Registrar, Rawalpindi. Copy
of sale deed is adjoined herewith for kind perusal of this Hon’ ble court.
That said
Saleem Khan also transferred the gift share of 3M- 3S in favor of Basharat and
Qaiser Mehmood sons of Mohammad Aslam vide sale deed No. 2221, BookNo. 1, Vol. No.
11 on runner No. 232 and its indistinguishable dupe pasted on Book No. 1, Vol .No.
125 on runners46/48, dated29.03.1984, registered with Sub Registrar,
Rawalpindi. Copy of sale deed is adjoined herewith for kind perusal of this Hon
’ ble court.
That it's material to mention then that Saleem
Khan S/ o Ameer Haider, Mst. Maqbool Bibi and Mst. Razia Begum alienated/
transferred their complete shares while Meer Dad (departed) S/ o Ameer Haider
transferred his 1M- 1S, total 5M- 5S to Mohammad Aslam and his sons Basharat
and Qaiser Mehmood and they're enjoying their separate possession out of 11
Marlas.
That it's material to mention then that in the
below- said deed and sale deeds the correct parentage of precursor in the interest
of plaintiffs and defendant no. 5 to 9 is mentioned but the defendant no. 1 to
4 with malafide intention and ulterior motives didn't correct their record
consequently.
That remaining 5M- 5S, out of 11 Marals
property possessed by the precursor Ameer Haider son of Bahadar Khan which is
bounded as under-
East Street
West House of Raja
North House of Muhammad Ameer, South House of Muhammad
Aslam
(hereinafter
called as suit property)
It's material to mention then that the plaintiffs
and defendant No. 5 to 9 are the co-sharers in the suit property according to
their separate ensuing shares-
i. Meer Dad 1M-
1S
precursor of plaintiffs. 19 to 29)
ii. Mohammad Sarwar 2M- 2S
precursor of defendant no. 5 to 9)
iii. Mst.
Mussarat Bi 1M- 1S
precursor of plaintiff No. 1 to 18)
iv. Mst. Rakhim Jan 1M- 1S
precursor of plaintiff No. 30)
That defendant
No. 5 to 9 with malafide intention and ulterior motives just to deprive the plaintiffs
of their shares from the suit property by fraud and misrepresentation executed
different sale deeds bearing no. 508, dated24.01.2019 in favor of defendant No.
10 from Khewat No. 399, Khatooni No. 416, KhasraNo.1389/102 measuring 5 Marlas,
being share 3M, sale deedNo. 505, dated24.01.2019 measuring 3 Marlas in favour
of defendant no. 11 and sale deed No. 507 dated24.01.2019 measuring 2 Marlas in
favour of defendant no. 12 and sale deed No. 506 measuring ½ Marla in favour of
defendant no. 13 and immorally, unlawfully without any authority handed over
the possession of the suit property by mentioning the metes and bounds of the
suit property. It's also material to mention then that the precursor of
defendant No. 5 to 9 formerly vended the over said property i.e.
KhasraNo.1389/102 to perfoma defendant. 14 vide registered sale deed No. 6344,
dated16.11.2007 measuring 2 ½ Marlas and also transferred remaining 2 ½ Marlas
in favor of performa defendant No. 15 and defendant no. 14 & 15 are
enjoying the peaceful possession of the KhasraNo.1389/102, Mouza Tahilian
Dehati, Tehsil & District Rawalpindi since they bought.
That it's
further important to mention then that the suit property and KhasraNo.1389/102
along with other land is formerly included in the Abadi Deh vide mutation. 2207
and defendant no. 5 to 11 with the collusion of each other and profit staff/ defendant
no. 1 to 4 transferred the property i.e. KhasraNo.1389/102 vended by their
precursor videlicet Mohammad Sarwar s/ o Ameer Haider (departed) in favor of defendant
no. 10 to 13 immorally, unlawfully and without due process of law by fraud and
misrepresentation and in this regard, the plaintiffs are also initiating
felonious proceeding before the competent forum.
That the plaintiffs asked the defendants no. 1
to 13 to chorus from their illegal designs and acts and get partition the suit
property as per separate shares of the parties but rather of partition the suit
property, the defendant no. 5 to 13 with the collusion of defendant no. 1 to 4
transferred the possession of the suit property by fraud and misrepresentation
immorally, unlawfully and without due process of law by mentioning the metes
and bounds of the suit property and also started raising the construction after
demolishing the old construction forcefully, immorally, unlawfully and also by
espousing the coercive measures, hence this suit.
That the cause of action accrued eventually a
week ago on the eventually turndown of the defendants and same is continuing
day by day.
That the suit property is positioned within
the territorial governance of this Hon ’ ble Court and the cause of action also
accrued with in the territorial governance, hence this Hon ’ ble Court has
governance to try upon the matter.
That the value
of the suit for the purposes of court figure and governance is Rs.,000/- and the
proper stamp duty shall be fixed after the proper partition of suit property at
the time of final adjudication.
PRAYER
It's thus, utmost, hypercritically supplicated
that-
A decree for protestation to the effect that
the correct parentage of precursor interest of plaintiffs and defendant no. 5
to 9 videlicet Ameer Haider is Bahadar Khan rather Taleh Mohammad and same is
liable to be corrected in the concerned profit record, the plaintiffs and defendant
no. 5 to 9 are exclusive possessors of the suit property being legal heirs at
law of Ameer Haider S/ o Bahadar Khan.
A decree for
cancellation of sale deeds bearing no. 508, dated24.01.2019 in favor of defendant
no. 10 measuring 3 Marlas, sale deedNo. 505, dated24.01.2019 measuring 3 Marlas
in favor of defendant no. 11, and sale deed No. 507 dated24.01.2019 measuring 2
Marlas in favour of defendant no. 12 and sale deedNo. 506 measurings ½ Marla in
favor of defendant no. 13 by mentioning the metes and bounds of suit property
being grounded upon fraud and misrepresentation and the same are null, void,
void ab- initio and liable to be canceled.
A decree for possession through the partition
of the suit property according to the separate shares of the parties mentioned
in para no. 9 of the instant plaint and also hand over peaceful and vacant
separate possession to the extent of the separate share of the plaintiffs.
A decree for endless instruction restraining
the defendants No. 5 to 13 from dealing, alienating, transferring or raising
any kind of construction, changing the nature and character of the suit
property immorally, unlawful and forcefully, in any manner whatsoever.
A decree for
obligatory instruction by directing the defendant no. 1 to 4 to correct the parentage
of precursor in the interest of plaintiffs and defendant no. 5 to 9 as Ameer
Haider S/ o Bahadar Khan rather of Taleh Mohammad and correct the profit record
consequently, and also may be canceled the sale deeds bearing no. 508,
dated24.01.2019 in favor of defendant no. 10 measuring 3 Marlas, sale deed No.
505, dated24.01.2019 measuring 3 Marlas in favor of defendant No. 11, and sale
deed No. 507 dated24.01.2019 measuring 2
Marlas in favor of defendant no. 12 and sale deed No. 506 measuring ½ Marla in favor
of defendant no. 13, may kindly be passed in favor of the plaintiffs and
against the defendants with cost.
Any other relief, which this Hon ’ ble court
deems fit and proper may also be granted to the plaintiffs.
Plaintiffs Through Counsel
Verification
Vindicated on Pledge on this 13th day of June
2019 that the contents of paras No. 1 to 12 are true and correct to the stylish
of my knowledge and belief, and the remaining paras No. 13 to 15 are believed
to be true and correct.
Plaintiffs
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