Sufi M

IN THE COURT OF ADDITIONAL DISTRICT JUDGE, MULTAN.

Sufi Muhammad Sadiq

Vs.

Muhammad Iqbal & others

RENT APPEAL Application for amendment of written Statement.

Respectfully Sheweth: 1.

That the above captioned appeal is pending in the Hon’ble Court and is fixed for today.

2.

That it has been brought on the record of the case that Haji Muhammad had sold his share of plot in dispute to one Ghulam Sarwar under the decree of the Court, which was passed in favour of Ghulam Sarwar against Haji Muhammad etc. under a compromise after receiving full sale price of this share of plot. Ex. R1 to R7 are the certified copies of plaint of the declaratory suit, application for compromise, affidavit of Haji Muhammad, receipt showing payment of balance amount of sale price, statements of parties recorded by the court, order and decree passed by the court. All these documents were brought on the record with permission of the learned Rent Controller.

3.

That at the time of filing written reply of the Ejectment application, these documents were neither in possession of the appellant nor he had knowledge of the existence of these documents as the same were in power and possession of Ghulam Sarwar, decree holder. Hence this fact could not be pleaded in the written reply.

4.

That the learned Rent Controller, on the application of the appellant, himself allowed to bring on record all the said documents (R1 to R7) but, while making the impugned judgment, omitted to read in evidence those documents on the ground that these were out of pleadings of the parties.

5.

That it was further proved on the record that Ghulam Sarwar further sold his share of plot to the respondent/appellant vide agreements dated 4.7.89 Ex. R11 and dated 19.8.90 Mark “C” and after receiving full price of the said share of plot, handed over possession of the same to the appellant and since then, appellant is in possession of half share of plot in his own right and had spent Rs. 12,00,000/- for the development of the same.

6.

That Ghulam Muhammad himself was instrumental in surrendering his right to receive rent by agreeing to allow the appellant not to pay further rent from 1.1.96 in lieu of allowing him to reside in the upper portion of the plot and as such his transferees (successors) are also estopped to claim rent from the appellant.

7.

That the appellant is aged about 90 years naturally developed the habit of forgetfulness, could not conceive the relevancy of the above mentioned facts and inadvertently failed to mention this fact in so many words. Although he had successfully brought these facts in evidence and there is no need to re-open the case.

8.

That there is no masking the fact that without specific plea, finding thereon cannot be given.

9.

That documents exhibits R1 to R11 which are already on the record of the case are necessary to be read in evidence for just decision of the case and for that purpose, the amendment in the written statement is necessary.

10.

That accordingly, the appellant/petitioner be allowed to amend his written statement and add the following paras as preliminary objections 1-A & 1-B.

11.

That vide Supreme Court dicta laid down in PLD 1985 S.C. 345, regarding amendment of pleadings, policy had been very liberal and even at Supreme Court level, amendment of pleadings are allowed. Wherefore, it is respectfully prayed that this application may kindly be allowed and applicant may kindly be permitted to amend his written statement. Humble Appellant/Petitioner Dated: 14.4.2001 (Sufi Muhammad Sadiq) Through: Zaffar Iqbal Khan, Advocate 124-District Courts, Multan.

IN THE COURT OF ADDITIONAL DISTRICT JUDGE, MULTAN.

Sufi Muhammad Sadiq

Vs.

Muhammad Iqbal & others

RENT APPEAL Application for amendment of written Statement.

AFFIDAVIT of: Sufi Muhammad Sadiq S/o Ahmad Ali, caste Sheikh, R/o Plot No. 221-Timber Market, Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned 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 April 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT