IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE

 
 
 
 
 
 
 
 
Civil Suit No.___________/2012
CH. ASIF NAZIR BHATTI son of Ch. Muhammad Nazir Bhatti R/o House No. – Sodiwal Multan Road  District, Lahore.
                                                                         Plaintiff
VERSUS
Muhammad Nawaz Ahmad , (deceased)
Represented through his legal heirs;
1. Farid Ahmad
2. Jamil Ahmad
3. Mst. Saba Ahmad
All R/o House No. – New Samanabad Near Mini Market Lahore.
                                                                    Defendants
 
***
SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT DATED 03-06-2007, DECLARATION, POSSESSION ALONG
WITH PERMANENT AND MANDATORY INJUNCTION AS WELL AS CONSEQUENTIAL RELIEF IN RESPECT OF LAND
MEASURING 9 KANAL 11 MARLAS SITUATED IN  VILLAGE KEET, POST OFFICE MUSTAFA ABAD, TEHSIL CANTT.
DISTRICT, LAHORE COMPRISING SALLAM KHATA NO.25, 26 KHATOONI NO. 237-266.
 
Respectfully Sheweth:-

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 03-06-2007 no time duration / limitation was mentioned in the

said agreement, in this way the time was not the essence of the contract / agreement for the execution  of agreement to sell
dated 03-06-2007.

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 03-06-2007 the parties to the

agreement made their legal heirs bound for the execution / completion of the said agreement to sell.

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 Lahore, this court is competent to entertain and adjudicate on

this suit.

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, Lahore.