Mirza Waheed1

IN THE COURT OF MIAN RIAZ KHURRAM, CIVIL JUDGE, MULTAN.

Mirza Waheed Baig

Vs.

Cantonment Board, Multan etc.

Suit for Declaration Application U/s 6, Rule 17 read with S.151 C.P.C. Respectfully Sheweth: 1.

That the above titled suit is pending adjudication before this Hon’ble Court and fixed for today.

2.

That an application under order 39, rules 1,2 read with section 151 C.P.C. was submitted before this Hon’ble Court restraining the defendants/respondents form any construction upon the Parking Area in question.

3.

That the Hon’ble Court, on the same day (6.3.2000) ordered to maintain the status quo in this regard.

4.

That it is heard through reliable sources that the defendants/ respondents are adamant to raise constructions upon this parking place. In these circumstances, the plaintiffs/applicants are compelled to seek the permanent remedy from this Hon’ble Court through a verdict of the court.

5.

That the plaintiffs/applicants seek amendment in plaint as mentioned below in the title as well as in the prayer clause (proposed amendment is in capital wording). (i)

Title: Suit for declaration to the effect that plaintiffs being lessees of Cantonment Board, Multan Cantt in Metro Plaza, 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 and Auction Notice dated 20.8.99 issued by defendants is illegal, ultra vires, unwarranted, without lawful authority and encroaching upon the legal rights of the plaintiffs and therefore, inoperative qua the rights of the plaintiffs. THE DEFENDANTS AS WELL AS SHALL BE RESTRAINED FROM ARISING ANY 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. (ii)

Prayer Clause: 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 authorised to lease out the said parking area and Auction

Notice

dated

20.8.99

issued

by

defendants is illegal, ultra vires, without lawful authority, encroaching upon the legal rights of the plaintiffs and therefore inoperative qua the rights of the plaintiffs, THE DEFENDANTS AS WELL AS SHALL BE RESTRAINED FROM ARISNING 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. 6.

That the amendment in the plaint is necessary one, which is not going to change the nature of plaint in any manner.

7.

That an affidavit in this regard is attached herewith. It is respectfully prayed that application may please be allowed. The proposed amendment be order to add in the titled and prayer clause. Any other relief, which this Hon’ble Court deems fit, may please be granted in the interest of justice. HUMBLE APPLICANT

Dated: ____________ Through: Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan.

IN THE COURT OF MIAN RIAZ KHURRAM, CIVIL JUDGE, MULTAN.

Mirza Waheed Baig

Vs.

Cantonment Board, Multan etc.

Suit for Declaration Application U/s 6, Rule 17 read with S.151 C.P.C. AFFIDAVIT of: Mirza Waheed Baig S/o Mirza Jan Muhammad Advocate, 212 Metro Plaza, Qasim Road, Multan Cantt.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of October 2000 that the contents of this affidavit are true to the best of my knowledge and belief.

DEPONENT