IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI
In the matter of:
1. Syed Ali Hassan.
2. Syed Imtiaz Ali.
3. Syed Ali Mohsin (sons of Syed Mazhar Hussain Shah, late)
4. Syeda Hameeda Begum (widow of Syed Mazhar Hussain Shah, late)
5. Syeda Tanvir Zohra (daughter of Syed Mazhar Hussain Shah, late)
All residents of House No.44-B 3, Zafar Akbar Road, Lalazar Colony, Rawalpindi.
…Plaintiffs
VERSUS
1. Syed Rizwan Ahmed.
2. Syed Adnan Rasool, both sons of Syed Mazhar Hussain Shah, late, residents of House No.44-B 3, Zafar Akbar Road, Lalazar Colony, Rawalpindi.
3. Ghulam Murtaza Saghir s/o Malik Ghulam Hussain, occupant of Shop No.CB-2066/3, Sadaat Market, Tench Bhatta, Rawalpindi.
4. Agha Shafique s/o Agha Muhammad Attique, occupant of Shop No.CB-2066, Sadaat Market, Tench Bhatta, Rawalpindi.
5. Haji Muhammad Ilyas s/o Muhammad Latif, occupant of Shops No.CB-2066/1, CB/2066/2, Sadaat Market, Tench Bhatta, Rawalpindi.
6. Muhammad Ayub s/o Muhammad Yaqoob, occupant of Shop No.CB-2066 Sadaat Market, Tench Bhatta, Rawalpindi.
7. Katib Khan s/o Bahat Ali Khan, occupant of Shops No.CB-2066/18, CB-2066/19, CB-2066/17, Sadaat Market, Tench Bhatta, Rawalpindi
8. Nadeem Bhatti s/o Ghulam Rabbani Bhatti, occupant of Shop No.CB-2066/16, Sadaat Market, Tench Bhatta, Rawalpindi
9. Malik Abdul Nasir s/o Malik Ahmed Shah, occupant of Shop No.CB-2066/15, Sadaat Market, Tench Bhatta, Rawalpindi
10. Umar Shahzad s/o Muhammad Irshad, occupant of Shop No.CB-2066/14, Sadaat Market, Tench Bhatta, Rawalpindi
11. Saleem s/o Malik Ibrahim, occupant of Shop No.CB-2066/13, Sadaat Market, Tench Bhatta, Rawalpindi
12. Muhammad Asif s/o Muhammad Siddique, occupant of Shop No.CB-2066/12, Sadaat Market, Tench Bhatta, Rawalpindi.
13. Mirza Ehtisham Baig s/o Mirza Naseem Baig, occupant of Shop No.CB-2066/11, Sadaat Market, Tench Bhatta, Rawalpindi
14. Tariq Sultan s/o Fazal Dad, occupant of Shop No.CB-2066/10, Sadaat Market, Tench Bhatta, Rawalpindi
15. Tariq Mehmood s/o Abdul Khaliq, occupant of Shop No. No.CB-2066/9, Sadaat Market, Tench Bhatta, Rawalpindi
…Defendants
SUIT FOR PARTITION, PERMANENT & MANDATORY INJUNCTION
Respectfully Sheweth!
1. That the plaintiffs and defendants No.1 & 2 are the legal heirs of one Syed Mazhar Hussain Shah who expired on 04-01-2004 and was owner in possession of land measuring 1-Kanal & 10-Marlas situated at Mouzah Tench, Rawalpindi Cantt by virtue of registered Sale Deed No.264 dated 23-07-1964 duly registered with Sub Registrar Rawalpindi (Copy of Sale Deed is attached herewith for the kind perusal by this Honourable Court) whereupon market known as Sadaat Market (hereinafter called the suit property) was constructed later on and the plaintiffs and defendants No.1 & 2 are co-sharers being the legal heirs of Syed Mazhar Hussain Shah. (Copy of Sale Deed is attached herewith for the kind perusal by this Honourable Court)
2. That defendants No.3 to 15 are occupants of suit property in their respective shops as tenants and their monthly rent was agreed / fixed which is being received by defendants No.1 & 2 from the date of the said demise of Syed Mazhar Hussain Shah.
3. That the plaintiffs have never ever shown any interest with regard to their shares according to the law of inheritance in the suit property only because they had love and affection with defendants No.1 & 2 and they did not want to disturb their source of income.
4. That now the plaintiffs have come to know that the defendants No.1 & 2 are bent upon to sell the suit property that too without the intimation or consent of the plaintiffs who are legitimate co-sharers and co-owners in the suit property.
5. That an amount of Rs.51,700/- is being received as rent of the suit property by the defendants No.1 & 2 from defendants No.3 to 15 that too from the date of the death of Syed Mazhar Hussain Shah.
6. That on having the knowledge of the illegal transaction of sale at the hands of defendants No.1 & 2, the plaintiffs requested the defendants No.1 & 2 not to sale the suit property as they are also co-owners / co-sharers and the suit property can also not been sold until and unless it is portioned property that too through the court.
7. That the plaintiffs have also requested the defendants No.1 & 2 to give the amount according to their respective shares from the rent already received by them from the date of death of Syed Mazhar Hussain Shah but they flatly refused to accede the genuine request of the plaintiffs.
8. That the plaintiffs has also convened Jirgas comprising of stalwarts and notables of the vicinity to make the defendants No.1 & 2 agreed to get the suit property partitioned first according to the respective shares under the law of inheritance and then they would be at liberty to sell their respective portion of the suit property but they are adamant to do so, hence this suit.
9. That the cause of action firstly accrued to the plaintiffs against the defendants on the date of death of Syed Mazhar Hussain Shah and lastly upon the refusal of the defendants No.1 to 2 to accede the genuine requests of the plaintiffs and the same is continuing.
10. That the suit property is situated, parties to the suit are also residing in Rawalpindi hence this Honourable Court has the jurisdiction to adjudicate upon the matter.
11. That the requisite court fee would be deposited at the time of partition according to the respective shares of the parties.
PRAYER
It is therefore, most respectfully prayed that a decree for partition of suit property known as Sadaat Market, situated at Tench Bhatta, Rawalpindi Cantt may kindly be passed in favour of the plaintiffs against the defendants No.1 & 2.
It is further prayed that a decree for permanent injunction restraining the defendants No.1 & 2 from alienating or changing the nature of the suit property in any manner whatsoever and from receiving the monthly rent of the suit property from tenants / defendants No.3 to 15 in future, may graciously be passed in favour of the plaintiffs against the defendants No.1 & 2.
It is further prayed that a decree for mandatory injunction directing the defendants No.1 & 2 to deposit the rent already received by them from defendants No. 3 to 15 from 04-01-2004 till date and in future the defendants No.3 to 15 may graciously be directed to deposit the monthly rent of the suit property in the court directly, may graciously be passed in favour of the plaintiffs against the defendants.
Any other relief which this Honourable Court deems fit and proper, may also be awarded to the plaintiffs.
Plaintiffs
Through
TARIQ MAHMOOD
Advocate High Court
Rawalpindi
SAMPLE OF AFFIDAVIT USED IN COURTS OF PAKISTAN
AFFIDAVIT
I, Ghulam Nabi s/o Ghulam Rasool, r/o House No.AA-1001 Mohallah Workshapi, Rawalpindi, do hereby solemnly affirm and declare that the contents of the accompanying application are true and correct to the best of my knowledge and belief.
…Deponent
The above mentioned affidavit is also using in legal consultancy of Pakistan.
VERIFICATION
Verified on oath at Rawalpindi on this 15th day of March 2010 that the contents of my said Affidavit are true and correct to the best of my knowledge, information and belief and nothing has been concealed therefrom.
…Deponent
I, Ghulam Nabi s/o Ghulam Rasool, r/o House No.AA-1001 Mohallah Workshapi, Rawalpindi, do hereby solemnly affirm and declare that the contents of the accompanying application are true and correct to the best of my knowledge and belief.
…Deponent
The above mentioned affidavit is also using in legal consultancy of Pakistan.
VERIFICATION
Verified on oath at Rawalpindi on this 15th day of March 2010 that the contents of my said Affidavit are true and correct to the best of my knowledge, information and belief and nothing has been concealed therefrom.
…Deponent
BRANCHES OF LAW
Administrative.
Bankruptcy.
Business.
Communications.
Constitutional.
Consumer.
Criminal law.
Cyberspace.
Disabilities.
Employment.
Entertainment.
Environmental.
Family.
Immigration.
Intellectual property.
International.
Personal injury.
Product liability.
Property.
Public Benefits.
Qui Tam.
Real Estate Law.
Torts.
Traffic.
Trust & Estate Law.
The abvoe mentioned are the branches of law and same are using in legal consultancy in Pakistan.
Bankruptcy.
Business.
Communications.
Constitutional.
Consumer.
Criminal law.
Cyberspace.
Disabilities.
Employment.
Entertainment.
Environmental.
Family.
Immigration.
Intellectual property.
International.
Personal injury.
Product liability.
Property.
Public Benefits.
Qui Tam.
Real Estate Law.
Torts.
Traffic.
Trust & Estate Law.
The abvoe mentioned are the branches of law and same are using in legal consultancy in Pakistan.
DIFFERENT DEFINITIONS OF LAW
In general, a rule of being or of conduct, established by an authority able to enforce its will; a controlling regulation; the mode or order according to which an agent or a power acts.
In morals: The will of God as the rule for the disposition and conduct of all responsible beings toward him and toward each other; a rule of living, conformable to righteousness; the rule of action as obligatory on the conscience or moral nature.
The Jewish or Mosaic code, and that part of Scripture where it is written, in distinction from the gospel; hence, also, the Old Testament. ·
An organic rule, as a constitution or charter, establishing and defining the conditions of the existence of a state or other organized community. · Any edict, decree, order, ordinance, statute, resolution, judicial, decision, usage, etc., or recognized, and enforced, by the controlling authority.
In philosophy and physics: A rule of being, operation, or change, so certain and constant that it is conceived of as imposed by the will of God or by some controlling authority; as, the law of gravitation; the laws of motion; the law heredity; the laws of thought; the laws of cause and effect; law of self-preservation.
In mathematics: The rule according to which anything, as the change of value of a variable, or the value of the terms of a series, proceeds; mode or order of sequence. · In arts, works, games, etc.:
The rules of construction, or of procedure, conforming to the conditions of success; a principle, maxim; or usage; as, the laws of poetry, of architecture, of courtesy, or of whist.
Collectively, the whole body of rules relating to one subject, or emanating from one source; including usually the writings pertaining to them, and judicial proceedings under them; as, divine law; English law; Roman law; the law of real property; insurance law.
Legal science; jurisprudence; the principles of equity; applied justice.
Trial by the laws of the land; judicial remedy; litigation; as, to go law.
An oath, as in the presence of a court.
An exclamation of mild surprise.
The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system; "he studied law at Yale"
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society.
A generalization that describes recurring facts or events in nature; "the laws of thermodynamics" · The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do·
Legal document setting forth rules governing a particular kind of activity; "there is a law against kidnapping"
The force of policemen and officers; "the law came looking for him"
The collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
The above mentioned definitions are also using in legal consultancy of Pakistan.
In morals: The will of God as the rule for the disposition and conduct of all responsible beings toward him and toward each other; a rule of living, conformable to righteousness; the rule of action as obligatory on the conscience or moral nature.
The Jewish or Mosaic code, and that part of Scripture where it is written, in distinction from the gospel; hence, also, the Old Testament. ·
An organic rule, as a constitution or charter, establishing and defining the conditions of the existence of a state or other organized community. · Any edict, decree, order, ordinance, statute, resolution, judicial, decision, usage, etc., or recognized, and enforced, by the controlling authority.
In philosophy and physics: A rule of being, operation, or change, so certain and constant that it is conceived of as imposed by the will of God or by some controlling authority; as, the law of gravitation; the laws of motion; the law heredity; the laws of thought; the laws of cause and effect; law of self-preservation.
In mathematics: The rule according to which anything, as the change of value of a variable, or the value of the terms of a series, proceeds; mode or order of sequence. · In arts, works, games, etc.:
The rules of construction, or of procedure, conforming to the conditions of success; a principle, maxim; or usage; as, the laws of poetry, of architecture, of courtesy, or of whist.
Collectively, the whole body of rules relating to one subject, or emanating from one source; including usually the writings pertaining to them, and judicial proceedings under them; as, divine law; English law; Roman law; the law of real property; insurance law.
Legal science; jurisprudence; the principles of equity; applied justice.
Trial by the laws of the land; judicial remedy; litigation; as, to go law.
An oath, as in the presence of a court.
An exclamation of mild surprise.
The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system; "he studied law at Yale"
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society.
A generalization that describes recurring facts or events in nature; "the laws of thermodynamics" · The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do·
Legal document setting forth rules governing a particular kind of activity; "there is a law against kidnapping"
The force of policemen and officers; "the law came looking for him"
The collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
The above mentioned definitions are also using in legal consultancy of Pakistan.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment