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Suit For Specific Performance of Agreement to Sell

Suit For Specific Performance of Agreement to Sell

Suit For Specific Performance of Agreement to Sell
Civil Case No: __________/2020
In Re:
Haider Ali Chaudhry S/o Ch. Jamal Den R/O Millat Nagar Ghari Shah Lahore
1.Mst. Shahida Perveen
2.Muhammad Anwer Malik
3.Mst. Rizwana Khalid
4.Director General Lahore Development Authority Johar Town Lahore
5.Director Estate Management LDA, Quaid-e-Azam Town, Lahore

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 facts giving rise to file this suit that he plaintiff entered into an agreement to sell on 05.12.2009 and 25.01.2010 with one namely Mr. Qurban Ali Shah S/o Zameer Ali Shah regarding his shari sjare in Property No. 3 double story house No. 21 Street No. 01 Shamnager Lahore (2) Shop No. 35 First Floor Liberty Market Lahore duly executed by the Muhammad Shabir Shah as legal heirs of Jamil Akber Shah (deceased) through Declaration Legal Heirs order dated 25.03.2010 passed by Mr. Iqbal Ahmed Ranja Civil Judge 1st Class Lahore and having some original documents of suit property in his possession. The plaintiff entered into an agreement to sell with Muhammad Jameel Akber firstly on 11.02.2010 through written agreement with total consideration amount of Rs. 12,60,50,000/- and Muhammad Akber Shah received Rs. 6,50,00,000/- at the time of agreement in the presence of marginal witnesses of agreement. Said Akber Ali Shah also handed over the physical possession of Plot No. 9 measuring 6-Marla situated at Praim Nager Lahore. It is settled through terms and conditions of said agreement between parties that the plaintiff will received rent of property under his possession. And furthermore, Muhammad Lateef Akber also executed another subsequent agreement to sell with plaintiff on 25.01.2010 and received another amount Rs. 72,00,000/- from remaining sale consideration of sale agreement. It was also settled between the parties through terms and conditions of agreement to sell that Muhammad Iqbal Qureshi will settle matter of division of whole property and he will transfer the property and received the remaining amount of Rs. 50,00,000/- from plaintiff. The said Muhammad Ajber Ali Qureshi unfortunately died on 23.01.2012. The plaintiff approached the defendants No. 1to 6 and asked them to transfer the share of Muhammad Iqbal Qureshi as remaining amount is ready with plaintiff, but the defendants linger on the matter from one pretext to other. It is pertinent to mentioned here that the plaintiff is still in possession of Plot No. 9 measuring 08-Marla situated at Praim Nager Lahore and ready to perform his part of agreement. The plaintiff is also came to know from reliable sources that the defendants are intended to sale out the share of Muhammad Ali Akber (deceased) of suit property to someone else and willing to receive the remaining sale consideration and execute the sale deed in favour of the plaintiff and they are trying to rob other persons through suit land. Hence, defendant in connivance of other trying to hatch a conspiracy against the plaintiff to rob his earnest money.

3.That the plaintiff has apprehension that the defendants will try to obtain declaration from court of law regarding share of suit property belongs to Muhammad Akber Ali and enter in another sale agreement with someone else and execute sale deed to some other person. The plaintiff asked the defendants to restrain form committing above mentioned illegal acts and execute sale deed in favour of the plaintiff after clearance of all litigations but they flatly refused to do so a few days ago. Hence this suit.

4.That the cause of action firstly arose in favour of the plaintiff against the defendants on 05.01.2010 and 25.01.2010 when the agreements to sell were executed between the parties and again when Muhammad Akber Ali died and defendants promised with plaintiff to clear all litigations such as division of property etc. among the all share holders of suit property and executed sale deed in favour of the plaintiff regarding share of Muhammad Ali Akber and lastly a few days ago when the defendants refused to do so, which is still continuing.

5.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.

6.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.

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 to the following effects:-

i.The defendants may be directed to clear all litigation and execute sale deed in favour of the plaintiff regarding share of Muhammad Akber Shah deceased after receiving remaining amount of sale agreement.

ii.The defendants be restrained from further selling, alienating, transferring or changing the nature and character of the suit property and executing the sale deed / transfer to any other person and restrained from interference in peaceful possession of the plaintiff till the satisfaction of the claim of plaintiff and final decision of the case.

iii.Costs of the suit may be awarded to the plaintiff.
Any other relief which this Honorable Court deems fit and proper in the circumstances of the case may also be awarded.

Advocate High Court
Mob: 0301-6001125
Chamber No. 3 First Floor Adnan Center,
Model Town Link Road Lahore

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