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IN THE COURT OF SENIOR CIVIL JUDGE, PAKPATTAN

Civil Suit No.___________/2023

SHENAZ AMEER Daughter of , resident of chak

no.9 SP, PO Molvi wala, Tehsil and District, Pakpattan.

PLAINTIFF
VERSUS

1. MUHAMMAD ASEER Son of Rahmant Ali, Cast Rajpoot

Joya, Resident of Tehsil and
Distric, PakPattan.

DEFENDANT

SUIT FOR PARTITION WITH PERMANENT

INJUNCTION
Respectfully Sheweth:-

1. That addresses of the parties have correctly been

given in the title of the suit for the purposes of
notices and summons etc.

2. That the brief facts of the case are that the plaintiff

and defendant are co-owner/ joint owner and in

possession of the residential Plot/Land measuring

24-Marlas falling in salam khata 59 Kanal, 9 Marla,

24/1189 situated at Nidarad Tehsil Pakpattan,

District, Pakpattan, present Khata as per

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computerized record of right of year 2019/2020,

bearing Khewat No. 391(old 373) Khatoni No.1121,

situated at Mouza Nidarad, Tehsil and District

Pakattan.

Copy of the Fard Milkiyat of the Year 2019-2020 is

annexed at Annexure “A”

3. That the plaintiff got married to the defendant

on ………… and this marriage continued

till……….. . the plaintiff and the defendant, being

husband and wife, purchased the above mentioned

plot jointly, of which the Plaintiff is in the ownership

of 14 marlas that are more than the defendant owns

who is in the ownership of just 10 marlas. After

some inadvertent events the defendant got the

Plaintiff out of his house and gave her divorced.

Now the Plaintiff has been living with her Parents.

4. That the suit property is jointly owned by the

plaintiff and defendants in the same

Khewat/Khatta, Khatooni & Khasra No.s and the

parties of the suit are also jointly in possession of

above said suit property without any specific

partition/division to each owner.

5. The above said suit property is neither divided in

family partition among the parties nor

divided/partitioned by the competent Authority.

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6. That the plaintiff approached to the defendants for

partition of the suit land because it is impossible to

keep the property joint but initially the defendants

lingered on the matter on one pretext to or the

other.

7. That this movement was very terrible/shocking for

the plaintiff when he came to know that the

defendant started construction on the front

Portion of the suit Property/ Plot without getting

the Partition done so that the defendant wanted to

get most valuable part of the suit Property and leave

for the plaintiff just the back portion that has less

value than the front portion and also if the whole

front goes to the defendant the back partition

become useless without proper way and of half

market price than the front portition.

8. That the plaintiff approached to the defendant and

request them to refrain from illegal act on the share

of plaintiff without any specific division from the

competent forum but the defendant did not bother

the genuine and legal request of the plaintiff and are

adamant to usurp the legal right of the plaintiff

without any justification.

9. That the plaintiff is co-owner in the aforesaid suit

property and have lawful and legal rights to get the

partition/division of the suit property to the extent

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of his shares with the consent and free will of each

and every co-owner according to Law.

10. That few days ago, Plaintiff again approached

defendant and requested him for the

partition/division of the suit property to the extent

of share of both owner but the defendant is not

ready to accede the genuine request of the plaintiff

without heavy illegal gratification.

11. That the plaintiff tried his best to convince the

defendant that partition of the suit property is

necessary to be declared as per law but the

defendant is adamant not to accede the genuine

request of the plaintiff and two days ago they flatly

refused to do so.

12. That the cause of action has arisen firstly when the

plaintiff purchased the suit land in the above

mentioned khewat/ khata, secondly when

defendant started the construction on the suit

property, thirdly and lastly when defendant refused

to accede the genuine request of the plaintiff for the

partition as per law and the cause of action is still

continuing.

13. That the parties to the suit reside at Pakpattan, the

cause of action also accurred in Pakpattan,

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therefore, this Honourable Court, has got

jurisdiction to try and adjudicate upon the matter.

14. That the court fee will be affixed as per order of this

Honourable Court.

PRAYER

In the circumstances stated above, it is

respectfully prayed that a decree in favour of the plaintiff

and against the defendant may very kindly be passed to

the following extents:-

To partition the suit property amongst the

plaintiff and the defendant according to law as well as

according to shares of parties to the suit.

That the defendant may very kindly be

restrained from changing/ alienation of suit property,

selling, gifting, transferring to any one without partition/

division and demarcation to the shares of the parties/

owners.

Any other relief which this Honourable court deems fit

and property may also be awarded.

PLAINTIFF

Through
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Imdad hussain khokhar Hafiz Maqsood ahmad cheena

(Advocate High Court) (Advocate High Court)

VERIFICATION:
Verified on Oath at Lahore on this 12th day of Oct 2023 that the contents
of paras No.1 to 11 are true and correct to the best of my knowledge and
para No.12 to 14 are true and correct to the best of my belief.

Plaintiff
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IN THE COURT OF SENIOR CIVIL JUDGE, PAKPATTAN.

Civil Suit No.____________/2023

Shenaz Ameer Versus Muhammad Ameer

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH

SECTION 151 CPC FOR THE GRANT OF STAY.

Respectfully sheweth:

1. That the petitioner has filed the above titled suit in this
Hon’ble court and the grounds taken therein may be
read as integral part of this application.
2. That in view of the averments made in the accompanying
plaint the petitioner has got a good prima facie
arguable case and there is every likelihood of its
acceptance in favour of the petitioner.
3. That balance of convenience also lies in favour of the
petitioner.
4. That if the interim relief is not granted, the petitioner
shall suffer an irreparable loss and injury.

PRAYER
It is therefore most respectfully prayed that the defendants may very
kindly be restrained from changing/ alienation the nature, selling, gifting, transferring
the suit property without partitioning and demarcating the shares of the parties till the
final decision of main suit.

Petitioner

Through

Imdad hussain khokhar Hafiz Maqsood ahmad cheena

(Advocate High Court) (Advocate High Court
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IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE.

Civil Suit No.____________/2023

SHENAZ AMEER
Versus
Muhammad AMEER

(APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH

SECTION 151 CPC FOR THE GRANT OF STAY).

AFFIDAVIT OF:SHENAZ AMEER Daughter of , resident

of chak no.9 SP, PO Molvi wala, Tehsil and
District, Pakpattan..
I, the above named deponent do hereby solemnly affirm

and declare as under:

That the contents of the accompanying petition are true

and correct to the best of my knowledge and belief.

Deponent

VERIFICATION : Verified on oath at Lahore on 12 t h day of

Oct, 2023 that all the contents of this affidavit are true
and correct to the best of my knowledge and belief

Deponent
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