IN THE
COURT OF SYED FARRUKH HUSSAIN SHAMSI, CIVIL JUDGE, RAWALPINDI
Farrukh Waseem V/s Mst. Surriya Perveen etc
(Suit for Recovery of Possession)
WRITTEN STATEMENT ON BEHALF OF DEFENDANT NO.6
PRELIMINARY OBJECTIONS
1. That the plaintiff has got no cause of action to file the instant suit, because the house in dispute bearing No.382-B Sector I, Khayaban-e-Sirsyed was in the name of Mehmood Ahmed who mortgaged the said house to answering defendant and gave away possession of said house to answering defendant and now the tenants of answering defendant are in possession of the said house.
2. That the present suit is not maintainable under Sec 10 CPC and it must be stayed because a suit for specific performance for the said house is pending adjudication in Civil Court, Rawalpindi.
3. That the plaintiff has not come to the court with clean hands hence he is not entitled for any relief.
4. That proper court fee has not been affixed hence the suit be returned.
ON FACTS
1. Para No.1 is incorrect hence denied, in fact suit property was allotted vide No.382-B/SI/1374 dated 08-05-79 issued at 13-02-82 (Copy is attached herewith)
2. Para No.2 is incorrect hence denied.
3. Para No.3 denied being want of knowledge.
4. Para No.4 is incorrect hence denied, allotment letter dated 13-02-82 in name of Mehmood Ahmed is still in force.
5. Para No.5 is incorrect being want of knowledge.
6. Para No.6 is denied being want of knowledge.
7. Para No.7 is incorrect hence denied.
8. Para No.8 is incorrect hence denied.
9. Para No.9 is incorrect hence denied.
10. Para No10 is incorrect hence denied.
11. Para No.11 is incorrect hence denied.
12. Para No.12 is incorrect hence denied. Plaintiff has no cause of action to file the instant suit.
13. Para No.13 is legal.
14. Para No.14 is incorrect, the suit land is not properly assessed hence the maximum court should be affixed.
PRAYER
Under the above mentioned circumstances, It is, therefore, respectfully prayed that suit of the plaintiff may very kindly be dismissed with cost.
Defendant No.6
Through
COUNSEL
Farrukh Waseem V/s Mst. Surriya Perveen etc
(Suit for Recovery of Possession)
WRITTEN STATEMENT ON BEHALF OF DEFENDANT NO.6
PRELIMINARY OBJECTIONS
1. That the plaintiff has got no cause of action to file the instant suit, because the house in dispute bearing No.382-B Sector I, Khayaban-e-Sirsyed was in the name of Mehmood Ahmed who mortgaged the said house to answering defendant and gave away possession of said house to answering defendant and now the tenants of answering defendant are in possession of the said house.
2. That the present suit is not maintainable under Sec 10 CPC and it must be stayed because a suit for specific performance for the said house is pending adjudication in Civil Court, Rawalpindi.
3. That the plaintiff has not come to the court with clean hands hence he is not entitled for any relief.
4. That proper court fee has not been affixed hence the suit be returned.
ON FACTS
1. Para No.1 is incorrect hence denied, in fact suit property was allotted vide No.382-B/SI/1374 dated 08-05-79 issued at 13-02-82 (Copy is attached herewith)
2. Para No.2 is incorrect hence denied.
3. Para No.3 denied being want of knowledge.
4. Para No.4 is incorrect hence denied, allotment letter dated 13-02-82 in name of Mehmood Ahmed is still in force.
5. Para No.5 is incorrect being want of knowledge.
6. Para No.6 is denied being want of knowledge.
7. Para No.7 is incorrect hence denied.
8. Para No.8 is incorrect hence denied.
9. Para No.9 is incorrect hence denied.
10. Para No10 is incorrect hence denied.
11. Para No.11 is incorrect hence denied.
12. Para No.12 is incorrect hence denied. Plaintiff has no cause of action to file the instant suit.
13. Para No.13 is legal.
14. Para No.14 is incorrect, the suit land is not properly assessed hence the maximum court should be affixed.
PRAYER
Under the above mentioned circumstances, It is, therefore, respectfully prayed that suit of the plaintiff may very kindly be dismissed with cost.
Defendant No.6
Through
COUNSEL
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