Mumtaz (perpetual Injunction)

IN THE COURT OF LEARNED SENIOR CIVIL JUDGE, MULTAN.

Civil Suit No. __________/2003

1.

Mst. Mumtaz alias Shamim Mai widow of Allah Yar, caste Khand, R/o near Chowk Rasheed Abad, Mauza Taraf Juma Khalsa, Tehsil & District Multan.

2. 3.

Muhammad Yousuf Muhammad Younus

4. 5.

Mst. Dilshad Mst. Farzana

sons of Allah Yar, caste Khand, R/o Chowk Rasheedabad, Mauza Taraf Juma Khalsa, Tehsil & Distt Multan.

daughters of Allah Yar, caste Khand, R/o Chowk Rasheedabad, Mauza Taraf Juma Khalsa, Tehsil & Distt Multan. ……PLAINTIFFS VERSUS

1.

Mst. Irshad Khatoon W/o Irshad Hussain, caste Bhatti, R/o Chah Ranjhay Wala, Tehsil Shujabad, District Multan.

2.

Muhammad Siddique S/o Faiz Bakhsh, caste Sudhani, R/o near Masjid Rehmania, Eidgah Road, Multan.

3.

Mst. Mumtaz Elahi W/o Faiz Bakhsh, caste Sudhani, R/o near Masjid Rehmania, Eidgah Road, Multan.

4.

Muhammad Jameel S/o Faiz Bakhsh, caste Sudhani, R/o near Masjid Rehmania, Eidgah Road, Multan.

5.

Mst. Zohran Mai widow of Allah Yar, caste Khand, near Chowk Rasheed Abad, Mauza Taraf Juma Khalsa, Tehsil & District Multan.

6.

Mst. Nasreen

daughters of Allah Yar, caste Khand, R/o

7.

Mst. Haseena

Chowk Rasheedabad, Mauza Taraf Juma

8.

Mst. Naurin

Khalsa, Tehsil & Distt Multan.

9.

Mst. Zarina Begum …DEFENDANTS

Suit for Perpetual injunction restraining the defendants from interfering illegally and without restoring to partition, into the land owned and possessed by the plaintiffs out of joint khatas and further restraining them

from

changing

the

existing

complexion of the land by digging earth, by construction and by selling specific Khasra numbers and forcibly taking the possession other than their due share and possessed by the plaintiffs. DETAILS OF LAND: (i)

(ii)

Khewat No. 1370 in black ink, 1398 in red ink, Khatooni No.’s 1898 to 1909, Qitat 29, total share 78840 total area of Khewat No13K—8M. Khewat No. 1396 in black ink, 1371 in red ink, Khatooni No. 1930, Qita 1, total share 15510, total area of Khewat 25K—17M.

according

to

Fard

Khulasa

Malkiat

pertaining to the year 1992-93 & 1988-1989 prepared by Halqa Patwari, located in Mauza Taraf Juma Khalsa, Tehsil & District Multan (which will be called hereinafter as “disputed land” for the sake of brevity).

Respectfully Sheweth: 1.

That briefly stated the fact of the case in hand are that the disputed property is owned by Allah Yar the predecessor-ininterest of the plaintiffs and defendants No. 5 to 9. After his death, the property was devolved to his legal heirs i.e. plaintiffs and defendants No. 5 to 9. The disputed property is joint and has not so far been partitioned. The plaintiffs and

defendants are co-sharers of the disputed property upto their shares. 2.

That the plaintiffs are in possession of their legal share of property in dispute and the plaintiffs after expending huge amount by building new rooms and made renovation over their share. And this is the only house for the plaintiffs for living.

3.

That defendant No. 1 is also co-sharer of the disputed khata, who sold her property to defendants No. 2 to 4. The defendant No. 1 has sold her share, but she has not yet delivered the possession of the land to defendants No. 2 to 4. But the defendants, unjustifiably, forcibly and illegally intend to occupy the land, which is owned and possessed by the plaintiffs since long. The defendants want to sell the disputed property and in order to achieve their evil design, they have entered into a bargain with local property dealers, who, off and on bring customers to show the disputed land for sale purpose, although the defendants without legal partition proceeding, cannot enter upon by selling specific portion of disputed land or forcibly take possession of the disputed land, nor can they get possession of the disputed land, nor can they get possession of the land more than the land to which they are entitled.

4.

That the defendants are fuss creators, powerful and influential persons; and if they succeeded in their evil design, the plaintiffs will suffer an irreparable loss.

5.

That the defendants have been asked time and again that they should refrain from illegally taking possession of the disputed land and also restrain from interfering into the possession of the plaintiffs over the disputed land except by means of partition, but they use dilly dally tactics and are adamant not to accede to the request of the plaintiffs, hence, this suit.

6.

That the parties reside in Multan, the disputed land is also situated in Tehsil Multan and cause of action has also arisen to the plaintiffs against the defendants in Multan, therefore, this Hon’ble Court has got jurisdiction to try this suit.

6.

That the cause of action accrued to the plaintiffs against the defendants 5 days back from the flat refusal of the defendants.

7.

That the value of the suit for the purpose of court fee and jurisdiction is fixed at Rs. 400/-, which is immune from the levy of court fee. In the light of the above respectful submissions, it is humbly prayed that decree for perpetual injunction may kindly be passed with cost in favour of the plaintiffs against the defendants restraining them from interfering illegally and without restoring to partition proceedings into the land owned and possessed by the plaintiffs and further restraining them from digging earth, by construction and by selling specific portion of the disputed land out of joint khatas; and forcibly taking possession other than their due share and possessed by the plaintiffs. Humble Plaintiffs,

Dated: ________ Through: AAMER AZIZ QAZI, Advocate High Court, 123-District Courts, Multan. Verification: Verified on oath this 10th day of May 2003 at Multan that all the contents of the above titled suit are true and correct to the best of my knowledge and belief. Plaintiffs

IN THE COURT OF LEARNED SENIOR CIVIL JUDGE, MULTAN.

Civil Suit No. __________/2003

Mst. Mumtaz alias Shamim Mai etc. VERSUS Mst. Irshad Khatoon etc.

Application U/o 39, Rules 1 & 2 read with Sec-151 C.P.C.

Respectfully Sheweth: 1.

That the subject noted suit is being filed today in this Hon’ble Court. The contents of the plaint be considered as part & parcel of this application.

2.

That the defendants are out to sell the disputed property without restoring legal partition; and also intend to take forcible possession of the disputed land and to change the complexion by construction on the disputed land; and if they succeeded in their bad designs, then the applicants/plaintiffs shall suffer an irreparable loss.

3.

That all the factors necessary for grant of stay order exist on record in favour of the applicants/plaintiffs. Affidavit is attached.

In view of above respectful submissions, it is therefore,

prayed

that

pende

lite

the

respondents/defendants are restrained from selling the disputed property without restoring to the legal partition and interfering into the possession of the plaintiffs over the disputed land; and also be restrained form changing the complexion of the disputed land by construction over the disputed property. Humble applicants, Dated: _______

Through: AAMER AZIZ QAZI, Advocate High Court, 123-District Courts, Multan.

IN THE COURT OF LEARNED SENIOR CIVIL JUDGE, MULTAN.

Civil Suit No. __________/2003 Mst. Mumtaz alias Shamim Mai etc. VERSUS Mst. Irshad Khatoon etc. STAY APPLICATION AFFIDAVIT of: Mst. Mumtaz Mai alias Shamim Mai widow of Allah Yar, caste Khand, R/o near Chowk Rasheed Abad Eid Gah Road, Taraf Juma Khalsa, Tehsil & District Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled 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 May 2003 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT