Suit For Specific Performance and Possession

Suit For Specific Performance and Possession,
Civil Case No: __________/2020
In Re:
Ghulam Rasool S/o Manghat Ali R/O Millat Nagar Ghari Shah Lahore
PLAINTIFF
VERSES
1.Irfan Usman Son of Usman Khan
2.Director General Lahore Development Authority Johar Town Lahore
3.Director Estate Management LDA, Quaid-e-Azam Town, Lahore
DEFENDANTS
SUIT FOR SPECIFIC PERFORMANCE AND POSSESSION WITH PERMANENT INJUNCTION

Respectfully Sheweth,
1.That the addresses of the parties and correct for summoning/notices for this Honorable Court and today is fixed.
2.That the plaintiff has been purchased the land measuring 330-Kanal situated at Mouza Niaz Baig Lahore through Bearing No. 987 Khata No. 26985 Khatoni No. 87 from defendant No. 2.
3.That the plaintiff was purchased the said land from defendant No. 1 with consideration amount Rs. 16,50,00,000/- and paid advance amount of Rs. 60,00,000/- at the time of agreement to sell with marginal witnesses, it was settled the plaintiff will pay the remaining amount of Rs. 100,00,000/- to defendant No. 1 till before 01.02.2003 and the defendant No. 1 will transferred the ownership through registered sale deed.
4.That few days before, the plaintiff approached the defendant No. 1and requested him to handover the fard-e-Malkiyat Jamabundi from the Halqa Patwari and resolve his remaining amount and executed the sale deed. The defendant No.1 totally refused to accede the genuine and lawful request of the plaintiff.
5.That plaintiff moved an file No.28 for clearance of the above said land to the defendant No.2, but matter is also pending in DHA/Defendant No.2.
6.That the plaintiff has not received any amount or value of the above said land from the defendant No.2 and defendant No.2 has no concern of the above said land.
7.That the plaintiff also approached the defendant No. 2 and requesting him to stop the construction but he refused to do so and threaten him of dire consequences.
8.That the cause of action firstly arose in favour of the plaintiff against the defendants on 05.01.2010 when the agreement to sell was execute and secondly plaintiff was approached the defendant No.2 stop the construction upon the said property and lastly a few days ago when the defendants refused to accede the genuine and lawful request by the plaintiff.
9.That the suit property situated at Lahore and parties and also residing at Lahore, therefore, this Honorable Court has got the jurisdiction to try adjudicate upon the matter.
10.That the suit property is evaluated for the purpose of jurisdiction at Rs. 152,00,000/- therefore requisite court fee will be affixed as per orders of this Honorable Court.
PRAYER
In the view of submission made under above most respectfully prayed that a decree for Specific Performance of sale agreements may kindly be passed in the favour of plaintiff and against the defendants and defendants No 1 to 2 may directed to pay the double amount of biyana amount of Rs. 250,00,000/- to the plaintiff.
It is also prayed that the defendants may kindly be restrained from construction over the suit property, selling, alienate and transferred with fraudulently of the suit property and grant the status quo till the final decision of the case for the best interest of justice.
Any other relief which this Honorable Court deems fit and proper in the circumstances of the case may also be awarded.

PETITIONER / PLAINTIFF
Through
CH. MUHAMMAD SHAHID BHALLI
Advocate High Court
Mob: 0301-6001125
Chamber No. 3 First Floor Adnan Center,
Model Town Link Road Lahore

Ch Muhammad Shahid Bhalli Advocate

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