Civil

IN THE COURT OF SENIOR CIVIL JUDGE, MULTAN.

1. Mirza Muhammad Waheed Baig S/o Mirza Jan Muhammad Advocate, 212-Metro Plaza Qasim Road, Multan Cantt. 2. Khalid Mehmood S/o Abdul Razzaq, 117-Metro Plaza Qasim Road, Multan Cantt. 3. Imran Malik S/o Aziz-ur-Rehman, 219-Meto Plaza Qasim Road, Multan Cannt. 4. Dr. Asdaq Khakwani S/o Muhammad Sadiq Khakwani 122-Metro Plaza Qasim Road, Multan. 5. Tahir Dar S/o Abdul Aziz, 34 Metro Plaza Qasim Road, Multan Cantt. 6. Basharat Ali S/o Abdul Ghaffar, 55- Metro Plaza Qasim Road, Multan Cantt. 7. Aziz-ul-Haq S/o Imtiaz-ul-Haq, 116- Metro Plaza Qasim Road, Multan Cantt. 8. Nazir Ahmad S/o Bashir Ahmad, 128- Metro Plaza Qasim Road, Multan Cantt. All Lessees of Multan Cantonment Board, Multan Cantt. PLAINTIFFS. VERSUS 1. Cantonment Board through its Chief Executive. 2. Cantonment Executive Officer, Cantonment Board, Multan Cantt. DEFENDANTS.

Suit for declaration to the effect that plaintiffs being lessees of Cantonment Board, Multan Cantt. in Metro Plaza, Qasim road, Multan Cantt. have legal right to utilize the parking area of Metro Plaza Multan Cantt. and defendants are not authorised to lease out the said parking area & Auction Notice dated 20.8.99 issued by defendants is illegal, ultra virus, unwarranted, without lawful authority and encroaching upon the legal rights of the plaintiffs and therefore, inoperative qua the rights of the plaintiffs, AS WELL AS THE DEFENDANTS FROM

SHALL

ARISING

BE

ANY

RESTRAINED TYPE

OF

CONSTRUCTION ON THIS AREA. And as a consequential relief a decree by way of permanent injunction

restraining

the

defendants

from

affecting auction of the disputed parking area in any manner whatsoever.

Respectfully sheweth: 1. That Cantonment Board, Multan Cantt in the year 1993 constructed a commercial plaza at Qasim Road, Multan Cantt. and invited offers from different individuals to lease out rooms/offices and shops in the said commercial plaza. 2. That according to approved site plan for the convenience of the lessees/plaintiffs and their clients, the parking area was provided to the plaintiffs and the plaintiffs have been utilizing the said parking area without any interference or hindrance since the start of commercial activities in Metro Plaza Multan Cantt. which in itself is an ample proof of the fact that the parking area was constructed for the lessees/occupants of the said plaza. It is further brought to the notice of this Hon’ble court that according to the terms and conditions of the lease agreement the

lessees/occupants/plaintiffs have the right to use and enjoy the parking facility provided in Metro Plaza, Multan Cantt. 3. That since 1993 as mentioned above the parking facility provided

in

Metro

Plaza

is

being

enjoyed

by

the

lessees/occupants as the same has been provided in the approved site plain and the occupants/lessees have appointed Mr. Muhammad Saleem son of

Muhammad Ramzan resident of

House No.498, Street No.8, Multan, as attendant of the parking area which in itself shows that Cantonment Board or defendants have no concern whatsoever with the disputed parking area facility. 4. That defendants vide publication made in the daily “NAWA-EWAQT” dated 20.8.99 invited offers for open auction to the parking area of Metro Plaza, Multan Cantt. 5. That as soon as the plaintiffs came to know about the said auction, defendants were immediately approached vide letter dated 21.8.99 and were informed about the legal position but the said defendants have neither replied to the letter dated 21.8.99 nor made any decision on the said letter which is self explanatory, showing the malafide on the part of defendants and necessitated the plaintiffs for filing the instant suit. 6. That cause of action accrued to the plaintiffs firstly on 20.8.99 and is continuously accruing as defendants have neither replied nor made any decision on the said letter dated 21.8.99. 7. That parties are residing at Multan and the disputed parking area is also situated at Multan Cantt. Hence this Hon’ble Court has got territorial jurisdiction to adjudicate upon the matter. 8. That valuation for the purpose of court fee and jurisdiction is fixed for Rs. 500/-, which is exempted from levy of court fee.

It is therefore, humbly prayed that a decree for declaration be issued in favour of the plaintiffs

against the defendants to the effect that plaintiffs being lessees of Metro Plaza Multan Cantt. as legal right to utilize the parking area of Metro Plaza Multan Cantt. and defendants are not authorized to lease out the said parking area and Auction

notice

dated

20.8.99

issued

by

defendants is illegal, ultra virus, without lawful authority, encroaching upon the legal rights of the plaintiffs and therefore inoperative qua the rights of the plaintiffs AS WELL AS SHALL THE DEFENDANTS

BE

RESTRAINED

FROM

ARISING ANY TYPE OF CONSTRUCTION ON THE PARKING AREA and a consequential relief a decree by way of permanent injunction permanently restraining the defendants from conducting auction of the disputed parking area in any manner whatsoever be passed in favour of the plaintiffs against the defendants. Humble Plaintiffs, Dated: _________ Mirza Waheed Baig etc.

Through: Sh. Muhammad Faheem, Advocate High Court, 28-Distt.Courts, Multan.