Suit Partion

In the court of Civil Judge and Judicial Magistrate2 Tando Mohd Khan Civil suit No

of 2009

Iqbal Ahammed s/o Muzaffer Ali buriro r/o

Burira Mohalla near phuleli

pull Tando Mohd khan ------------------------------------------Plaintiff

Versus 1 Manzoor Ahammed s/o Muzaffer Ali 2 Nazeer Ahammed s/o Muzzafer Ali 3 Maqbool Ahammed s/o Muzaffer Ali 4 Mst manzoor begum w/o Mohd hussain 5 Isalm khatoon wd/o Muzaffer Ali All Resides at burira mohalla near phuleli pull Tando Mohd khan---------------------------------------defendants’

Suit for Partition and Per manent injunction The above named plaintiff respect fully states as follows 1

That the plaintiff and defendants are members of same family and are residing in plots city survey no 1447/36, 1447/35 are annexed as annexure no 1 A and 1b same will be called here suit property.

2

That relation between plaintiffs and defendants is as under Defendants no 1to3 are real brother while defendant no 4 is real sister and defendant no 5is real mother

3

That plaintiff and defendants no 1to 3are equal entitled 19.5 ps in Suit property annexure no 1A

and1B and defendant no 4 is entitled 10 ps and defendant no 5 is entitled 12 ps in same suit property. 4

That dispute aroused between plaintiff and defendant no 3 by demolishing the portion which was in possession of plaintiff ,defendant no 3 has purchased 3 shops there is 30 feet street in between shops and suit property, which is shown in map annexed here as annexure no 2

5

That defendant3 wants to usurps the street and wants to add it in his portion and wants to close same street, and forcibly has demolished main gate now he allots plaintiff zigzag, street from the suit property, while the sanctioned door is from the street which he wants to add it in his purchased shop.

6 That plaintiff approached to naik mards and well wisher of family for amicable partition but defendant no 3 refused and is raising construction even in my side which is in my possession now the joint possession is no longer possible and it is beneficial to partition 7

That defendant no 3 is sub Inspector and is influential person and is purchasing plot from other co sharer is issuing threats for purchasing same portion of plot of plaintiff .being police officer also has issued threats that he will cause to involve me in false criminal cases if plaintiff will not sell same portion to defendant no3 also he wants me to dispossess forcibly and unlawfully.

8

That first of all cause of action accrued when defendant no 3 demolished the main gate and otaque which were in joint possession, then he refused to amicable partition of disputed property and threatened to dispossess which is still continued till to day

9

That the suit property is situated at Tando Mohd Khan , parties are residing in suit property and is not agricultural land hence this honorable court has jurisdiction to entertain the suit

10

That the suit is valued one thousand and for permanent injunction is valued at Rs:400 hundred There fore court fee is not required.

11

That the plaintiff prays for judgment and decree as under (a) Partition of the suit property according to share of parties to words main street (b) To direct city surveyor to effect the partition by mutes and bounds (c ) To grant permanent injuction to defendant no 3not to dispossess plaintiff and may be refrained not to raise any construction till the partition (d) costs of suit may be awarded to plaintiff (e) Any other relief which this honourable court may deem fit and proper may be awarded to plaintiff Tando Mohd khan Dated

Plaintiff

Verification I Iqbal Ahommed s/o Muzafffer Ali adult muslim by cast buriro r/o burira mohalla near phuleli pull Tando Mohd khan present at Tando Mohd khan do here by veri fy the contents of plaint on oath to be true and correct to the best of my knowledge and belief Tando Mohd khan Dated plaintiff Identified by me Advocate

Documents filed 1 photo copy of plot no 1947/36 2 photo copy of plot no 1947/35 3 Photo copy of map of plots

Note Address of the defendants for the purpose of service is same as shown in the title of plaint

In the court of F.C.M& civil JudgeTando Mohd khan Civil suit No

of 2009

Iqbal Ahammed--------------------- ---------------------------Plaintiff Versus Maqbool Ahammedand others……………………………………….Defendants

List of legal heirs of plaintiff

1 2 3 4

Najma w/o Iqbal Ahammed Shoaib Ahammed s/o = Shaoor Ahammed s/o = Danish s/o =

Tando Mohd khan Dated

ADVOCATE OF PLAINTIFF

In the court of F.C.M& civil Judge Tando Mohd Khan Civil suit No

of 2009

Iqbal Ahammed ----------------------------------------------Plaintiff Versus Maqbool Ahammedand others……………………………………….Defendants

Appliccation u/o 39 Rule 1& 2 CPC Read with Section 151 C.P.C It is prayed that this honourable court would be be pleased to grant ad interim injunction restring the defendant no 3 from interfering the peaceful possession of plaintiff in suit property and may be directed not to dispossess plaintiff from suit property illegally forcibly on the consideration of the following grounds 1 That plaintiff is in physical possession of suit property, and has constructed room in suit property and living with family. 2 That defendant no 3 has no legal .lawful , moral or equitable right to dispossess the plaintiff from suit property 3

That plaintiff has a prima facie suit to succeed

4

That balance of connivance lies in favour of Plaintiff

5 That if the plaintiff was dispossessed has not any alternate to live along with family to some other place will cause serious injury to reputation that will be irreparable loss. 5 that the plaintiff will suffer an irreparable loss and legal injury in case the interim injunction is not granted to the plaintiff. That the prayer is made in the interest of justice

Tando Mohd khan Dated

ADVOCATE OF PLAINTIFF

In the court of F.C.M& civil Judge Tando Mohd Khan. Civil suit No Iqbal Ahammed

of 2009

---------------------------Plaintiff

Versus Maqbool Ahammed and others……………………………………….Defendants

AFFIDAVIT I Iqbal Ahammed s/o Muzaffer Ali adult muslim by cast buriro r/o burira mohalla near Phuleli pull Tando Mohd khan do here by state on solemn affirmation as under 1 That I am the plaintiff in above suit and as such well conversant with the facts of the suit

2 That the accompanying application under order 39 Rule 1&2 C.P.C has been drafted and moved under my instruction

3 That the contents of the accompanying application be read and treat as part and parcel of this affidavit

That what ever is stated correct to the best of my knowledge and belief

above is true and

Tando Mohd khan Dated

Deponent

I know the deponent

Advocate