IN THE COURT OF SENIOR
CIVIL JUDGE, RAWALPINDI
In the matter of:
1. Syed Ali Hassan.
2. Syed Imtiaz Ali.
3. Syed Ali Mohsin (sons of Syed Mazhar Hussain Shah, late)
4. Syeda Hameeda Begum (widow of Syed Mazhar Hussain Shah, late)
5. Syeda Tanvir Zohra (daughter of Syed Mazhar Hussain Shah, late)
All residents of House No.44-B 3, Zafar Akbar Road, Lalazar Colony, Rawalpindi.
…Plaintiffs
VERSUS
1. Syed Rizwan Ahmed.
2. Syed Adnan Rasool, both sons of Syed Mazhar Hussain Shah, late, residents of House No.44-B 3, Zafar Akbar Road, Lalazar Colony, Rawalpindi.
3. Ghulam Murtaza Saghir s/o Malik Ghulam Hussain, occupant of Shop No.CB-2066/3, Sadaat Market, Tench Bhatta, Rawalpindi.
4. Agha Shafique s/o Agha Muhammad Attique, occupant of Shop No.CB-2066, Sadaat Market, Tench Bhatta, Rawalpindi.
5. Haji Muhammad Ilyas s/o Muhammad Latif, occupant of Shops No.CB-2066/1, CB/2066/2, Sadaat Market, Tench Bhatta, Rawalpindi.
6. Muhammad Ayub s/o Muhammad Yaqoob, occupant of Shop No.CB-2066 Sadaat Market, Tench Bhatta, Rawalpindi.
7. Katib Khan s/o Bahat Ali Khan, occupant of Shops No.CB-2066/18, CB-2066/19, CB-2066/17, Sadaat Market, Tench Bhatta, Rawalpindi
8. Nadeem Bhatti s/o Ghulam Rabbani Bhatti, occupant of Shop No.CB-2066/16, Sadaat Market, Tench Bhatta, Rawalpindi
9. Malik Abdul Nasir s/o Malik Ahmed Shah, occupant of Shop No.CB-2066/15, Sadaat Market, Tench Bhatta, Rawalpindi
10. Umar Shahzad s/o Muhammad Irshad, occupant of Shop No.CB-2066/14, Sadaat Market, Tench Bhatta, Rawalpindi
11. Saleem s/o Malik Ibrahim, occupant of Shop No.CB-2066/13, Sadaat Market, Tench Bhatta, Rawalpindi
12. Muhammad Asif s/o Muhammad Siddique, occupant of Shop No.CB-2066/12, Sadaat Market, Tench Bhatta, Rawalpindi.
13. Mirza Ehtisham Baig s/o Mirza Naseem Baig, occupant of Shop No.CB-2066/11, Sadaat Market, Tench Bhatta, Rawalpindi
14. Tariq Sultan s/o Fazal Dad, occupant of Shop No.CB-2066/10, Sadaat Market, Tench Bhatta, Rawalpindi
15. Tariq Mehmood s/o Abdul Khaliq, occupant of Shop No. No.CB-2066/9, Sadaat Market, Tench Bhatta, Rawalpindi
…Defendants
SUIT FOR PARTITION, PERMANENT & MANDATORY INJUNCTION
Respectfully Sheweth!
1. That the plaintiffs and defendants No.1 & 2 are the legal heirs of one Syed Mazhar Hussain Shah who expired on 04-01-2004 and was owner in possession of land measuring 1-Kanal & 10-Marlas situated at Mouzah Tench, Rawalpindi Cantt by virtue of registered Sale Deed No.264 dated 23-07-1964 duly registered with Sub Registrar Rawalpindi (Copy of Sale Deed is attached herewith for the kind perusal by this Honourable Court) whereupon market known as Sadaat Market (hereinafter called the suit property) was constructed later on and the plaintiffs and defendants No.1 & 2 are co-sharers being the legal heirs of Syed Mazhar Hussain Shah. (Copy of Sale Deed is attached herewith for the kind perusal by this Honourable Court)
2. That defendants No.3 to 15 are occupants of suit property in their respective shops as tenants and their monthly rent was agreed / fixed which is being received by defendants No.1 & 2 from the date of the said demise of Syed Mazhar Hussain Shah.
3. That the plaintiffs have never ever shown any interest with regard to their shares according to the law of inheritance in the suit property only because they had love and affection with defendants No.1 & 2 and they did not want to disturb their source of income.
4. That now the plaintiffs have come to know that the defendants No.1 & 2 are bent upon to sell the suit property that too without the intimation or consent of the plaintiffs who are legitimate co-sharers and co-owners in the suit property.
5. That an amount of Rs.51,700/- is being received as rent of the suit property by the defendants No.1 & 2 from defendants No.3 to 15 that too from the date of the death of Syed Mazhar Hussain Shah.
6. That on having the knowledge of the illegal transaction of sale at the hands of defendants No.1 & 2, the plaintiffs requested the defendants No.1 & 2 not to sale the suit property as they are also co-owners / co-sharers and the suit property can also not been sold until and unless it is portioned property that too through the court.
7. That the plaintiffs have also requested the defendants No.1 & 2 to give the amount according to their respective shares from the rent already received by them from the date of death of Syed Mazhar Hussain Shah but they flatly refused to accede the genuine request of the plaintiffs.
8. That the plaintiffs has also convened Jirgas comprising of stalwarts and notables of the vicinity to make the defendants No.1 & 2 agreed to get the suit property partitioned first according to the respective shares under the law of inheritance and then they would be at liberty to sell their respective portion of the suit property but they are adamant to do so, hence this suit.
9. That the cause of action firstly accrued to the plaintiffs against the defendants on the date of death of Syed Mazhar Hussain Shah and lastly upon the refusal of the defendants No.1 to 2 to accede the genuine requests of the plaintiffs and the same is continuing.
10. That the suit property is situated, parties to the suit are also residing in Rawalpindi hence this Honourable Court has the jurisdiction to adjudicate upon the matter.
11. That the requisite court fee would be deposited at the time of partition according to the respective shares of the parties.
PRAYER
It is therefore, most respectfully prayed that a decree for partition of suit property known as Sadaat Market, situated at Tench Bhatta, Rawalpindi Cantt may kindly be passed in favour of the plaintiffs against the defendants No.1 & 2.
It is further prayed that a decree for permanent injunction restraining the defendants No.1 & 2 from alienating or changing the nature of the suit property in any manner whatsoever and from receiving the monthly rent of the suit property from tenants / defendants No.3 to 15 in future, may graciously be passed in favour of the plaintiffs against the defendants No.1 & 2.
It is further prayed that a decree for mandatory injunction directing the defendants No.1 & 2 to deposit the rent already received by them from defendants No. 3 to 15 from 04-01-2004 till date and in future the defendants No.3 to 15 may graciously be directed to deposit the monthly rent of the suit property in the court directly, may graciously be passed in favour of the plaintiffs against the defendants.
Any other relief which this Honourable Court deems fit and proper, may also be awarded to the plaintiffs.
Plaintiffs
Through
In the matter of:
1. Syed Ali Hassan.
2. Syed Imtiaz Ali.
3. Syed Ali Mohsin (sons of Syed Mazhar Hussain Shah, late)
4. Syeda Hameeda Begum (widow of Syed Mazhar Hussain Shah, late)
5. Syeda Tanvir Zohra (daughter of Syed Mazhar Hussain Shah, late)
All residents of House No.44-B 3, Zafar Akbar Road, Lalazar Colony, Rawalpindi.
…Plaintiffs
VERSUS
1. Syed Rizwan Ahmed.
2. Syed Adnan Rasool, both sons of Syed Mazhar Hussain Shah, late, residents of House No.44-B 3, Zafar Akbar Road, Lalazar Colony, Rawalpindi.
3. Ghulam Murtaza Saghir s/o Malik Ghulam Hussain, occupant of Shop No.CB-2066/3, Sadaat Market, Tench Bhatta, Rawalpindi.
4. Agha Shafique s/o Agha Muhammad Attique, occupant of Shop No.CB-2066, Sadaat Market, Tench Bhatta, Rawalpindi.
5. Haji Muhammad Ilyas s/o Muhammad Latif, occupant of Shops No.CB-2066/1, CB/2066/2, Sadaat Market, Tench Bhatta, Rawalpindi.
6. Muhammad Ayub s/o Muhammad Yaqoob, occupant of Shop No.CB-2066 Sadaat Market, Tench Bhatta, Rawalpindi.
7. Katib Khan s/o Bahat Ali Khan, occupant of Shops No.CB-2066/18, CB-2066/19, CB-2066/17, Sadaat Market, Tench Bhatta, Rawalpindi
8. Nadeem Bhatti s/o Ghulam Rabbani Bhatti, occupant of Shop No.CB-2066/16, Sadaat Market, Tench Bhatta, Rawalpindi
9. Malik Abdul Nasir s/o Malik Ahmed Shah, occupant of Shop No.CB-2066/15, Sadaat Market, Tench Bhatta, Rawalpindi
10. Umar Shahzad s/o Muhammad Irshad, occupant of Shop No.CB-2066/14, Sadaat Market, Tench Bhatta, Rawalpindi
11. Saleem s/o Malik Ibrahim, occupant of Shop No.CB-2066/13, Sadaat Market, Tench Bhatta, Rawalpindi
12. Muhammad Asif s/o Muhammad Siddique, occupant of Shop No.CB-2066/12, Sadaat Market, Tench Bhatta, Rawalpindi.
13. Mirza Ehtisham Baig s/o Mirza Naseem Baig, occupant of Shop No.CB-2066/11, Sadaat Market, Tench Bhatta, Rawalpindi
14. Tariq Sultan s/o Fazal Dad, occupant of Shop No.CB-2066/10, Sadaat Market, Tench Bhatta, Rawalpindi
15. Tariq Mehmood s/o Abdul Khaliq, occupant of Shop No. No.CB-2066/9, Sadaat Market, Tench Bhatta, Rawalpindi
…Defendants
SUIT FOR PARTITION, PERMANENT & MANDATORY INJUNCTION
Respectfully Sheweth!
1. That the plaintiffs and defendants No.1 & 2 are the legal heirs of one Syed Mazhar Hussain Shah who expired on 04-01-2004 and was owner in possession of land measuring 1-Kanal & 10-Marlas situated at Mouzah Tench, Rawalpindi Cantt by virtue of registered Sale Deed No.264 dated 23-07-1964 duly registered with Sub Registrar Rawalpindi (Copy of Sale Deed is attached herewith for the kind perusal by this Honourable Court) whereupon market known as Sadaat Market (hereinafter called the suit property) was constructed later on and the plaintiffs and defendants No.1 & 2 are co-sharers being the legal heirs of Syed Mazhar Hussain Shah. (Copy of Sale Deed is attached herewith for the kind perusal by this Honourable Court)
2. That defendants No.3 to 15 are occupants of suit property in their respective shops as tenants and their monthly rent was agreed / fixed which is being received by defendants No.1 & 2 from the date of the said demise of Syed Mazhar Hussain Shah.
3. That the plaintiffs have never ever shown any interest with regard to their shares according to the law of inheritance in the suit property only because they had love and affection with defendants No.1 & 2 and they did not want to disturb their source of income.
4. That now the plaintiffs have come to know that the defendants No.1 & 2 are bent upon to sell the suit property that too without the intimation or consent of the plaintiffs who are legitimate co-sharers and co-owners in the suit property.
5. That an amount of Rs.51,700/- is being received as rent of the suit property by the defendants No.1 & 2 from defendants No.3 to 15 that too from the date of the death of Syed Mazhar Hussain Shah.
6. That on having the knowledge of the illegal transaction of sale at the hands of defendants No.1 & 2, the plaintiffs requested the defendants No.1 & 2 not to sale the suit property as they are also co-owners / co-sharers and the suit property can also not been sold until and unless it is portioned property that too through the court.
7. That the plaintiffs have also requested the defendants No.1 & 2 to give the amount according to their respective shares from the rent already received by them from the date of death of Syed Mazhar Hussain Shah but they flatly refused to accede the genuine request of the plaintiffs.
8. That the plaintiffs has also convened Jirgas comprising of stalwarts and notables of the vicinity to make the defendants No.1 & 2 agreed to get the suit property partitioned first according to the respective shares under the law of inheritance and then they would be at liberty to sell their respective portion of the suit property but they are adamant to do so, hence this suit.
9. That the cause of action firstly accrued to the plaintiffs against the defendants on the date of death of Syed Mazhar Hussain Shah and lastly upon the refusal of the defendants No.1 to 2 to accede the genuine requests of the plaintiffs and the same is continuing.
10. That the suit property is situated, parties to the suit are also residing in Rawalpindi hence this Honourable Court has the jurisdiction to adjudicate upon the matter.
11. That the requisite court fee would be deposited at the time of partition according to the respective shares of the parties.
PRAYER
It is therefore, most respectfully prayed that a decree for partition of suit property known as Sadaat Market, situated at Tench Bhatta, Rawalpindi Cantt may kindly be passed in favour of the plaintiffs against the defendants No.1 & 2.
It is further prayed that a decree for permanent injunction restraining the defendants No.1 & 2 from alienating or changing the nature of the suit property in any manner whatsoever and from receiving the monthly rent of the suit property from tenants / defendants No.3 to 15 in future, may graciously be passed in favour of the plaintiffs against the defendants No.1 & 2.
It is further prayed that a decree for mandatory injunction directing the defendants No.1 & 2 to deposit the rent already received by them from defendants No. 3 to 15 from 04-01-2004 till date and in future the defendants No.3 to 15 may graciously be directed to deposit the monthly rent of the suit property in the court directly, may graciously be passed in favour of the plaintiffs against the defendants.
Any other relief which this Honourable Court deems fit and proper, may also be awarded to the plaintiffs.
Plaintiffs
Through
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