IN THE COURT OF SENIOR CIVIL JUDGE, TANDO ADAM

First Class Suit No: OF 2024

Shakeel Ahmed S/O Habib Ahmed.
All are Muslim, Adult
R/O Muhallah Mali Para Taluka Tando Adam,
District Sanghar.
……………………………………….…………PLAINTIFF.
VERSUS
1. Jameel Ahmed S/O Habib Ahmed.
Muslim, Adult, R/O House No. 340 Mali Para near Latif Gate
Taluka Tando Adam District Sanghar.
2. Saghir Ahmed S/O Habib Ahmed.
3. Jahanzaib S/O Habib Ahmed
4. Mst. Afroz Kanwal D/O Habib Ahmed.
5. Mst. Firdos Kanwal D/O Habib Ahmed
6. Mst. Ishrat Rasheed D/O Habib Ahmed
7. Mst. Nasreen D/O Habib Ahmed.
8. Mst. Qurat u lain D/O Habib Ahmed.
All Muslim, Adult R/O House No. 5 Street No. 93 area 4A
Landhi District Korani Karachi.
9. Mukhtiarkar (Revenue Tando Adam)
10. City Surveyor Taluka Tando Adam.
11. Province of Sindh , through Secretary Revenue,
Sindh Secretariat Karachi.
…………….…….………………………DEFENDANTS.

SUIT FOR DECLARATION, PARTITION, SEPARATE

POSSESSION MESNE PROFITS AND PERMANENT
INJUNCTION.
The plaintiffs above named respectfully submit as
under:-
1. The father of the plaintiff deceased namely Habib
Ahmed was owner of house situated in Mali Para Tando Adam such
property is registered in city survey no . 1005/2-A admeasuring 30-5
Square Yard situated in Ward No.C, hereinafter called the suit
property.
2. That, the plaintiff and defendant No.1 to 8 are brothers
and sisters, that the suit property left by deceased Habib Ahmed who
was the father of the plaintiff and defendant No. 1 to 8 such Foti
Khata Badal was changed in the name of plaintiff and defendant No.1
to 8 and also in the name of mother of the plaintiff and private
defendants, it is pertinent to mentioned here that the mother of the
plaintiff and private defendants have passed away due to her natural
death in the year 2018.
3. That, after the death of the father of the plaintiff and
defendant No.1 to 8, all were living together in suit property
thereafter the defendant No.2 and 3 shifted in Karachi and
defendant No. 4 to 6 and 8 are solemnized marriage and living in
Karachi and defendant No.7 is living with the plaintiff, furthermore,
the plaintiff and defendant No.1 and 7 was living in the suit property.
4. That, two and half years before the plaintiff demanded
his share from suit property being legal heir of Habib Ahmed from
defendant No.1, the defendant No.1 stated to the plaintiff to shift
your family in rent house and he will pay the rent whatever rent is
fixed and also sell out the suit property and give the share to the
plaintiff and other legal heirs, thereafter the plaintiff has shifted in
rent house which was fixed Rs. 10,000/- and living there for two and
half year, but the defendant No.1 neither pay rent of the house nor
sell out the suit property, the plaintiff approached many times to the
defendant No.1 for share from suit property and rent payment but
the defendant No.1 kept the plaintiff on false hopes, one month back
the defendant No.1 flatly refused to give the share of the plaintiff
from the suit property.
5. That, one week back the plaintiff come to know from his
source that the defendant No.1 trying to transfer the suit property in
his name and creating third party interest by handing over the suit
property another person, hence permanent injunction is very much
necessary.
6. That, the defendant No.1 is greedy person and
occupying the suit property and not distributing the same among all
legal heir of deceased Habib Ahmed (Father of the plaintiff) the
defendant No.1 promised the plaintiff for paying the rent to the
plaintiff but he did not pay single penny to the plaintiff, therefore the
defendant No.1 is liable to pay 10,000/- per month rent to the
plaintiff.
7. That, the cause of action is occurred to the plaintiff after
the death of deceased in 1990 and such Foti Khada badal changed
among all legal heir secondly the defendant No.2 to 3 shifted in
Karachi and defendant No. 4 to 6 and 8 solemnized marriage shifted
in Karachi thirdly two and half year ago the plaintiff demanded his
share from suit property, the defendant No.1 stated the plaintiff to
shift his family in rent house and he will pay the rent till the suit
property sell out but the defendant No.1 neither paid any rent
amount to the plaintiff nor share from the suit property Finally one
month back the defendant No.1 flatly refused to give share from suit
property to the plaintiff, thereafter one week back the plaintiff come
to know from his source that the defendant No.1 trying to transfer
the suit property in his name and handing over the same to another
person, the cause of action is continue day by day till today filling the
instant suit.
8. That the suit plot / house is valued more than

500,0000/- the maximum Court fee are affixed with memo of plaint.

9. That the suit plot / house situated within the jurisdiction

of Police Station Tando Adam City, hence this Honourable Court has

jurisdiction to entertain the matter.

10. That the plaintiff therefore prays that this Honourable

Court may be pleased to pass Judgment and Decree in favour of the

plaintiff as under:-

A. That, this Honourable Court may kindly be pleased to

declared that the plaintiff is entitled from the inherited

Suit property left by his father as per his share according

to law.

B. That, this Honourable Court may kindly be pleased to

grant mandatory injunction to the official defendant for
physical partition of the suit property City survey No.
1005/2-A admeasuring 30-5 Square Yard situated in
Ward No. C, Taluka Tando Adam District Sanghar, and
handed over the possession as per the share from the
suit property to the plaintiff Or the Nazir of this
Honourable Court may be directed to auction the same
according to market value and amount may be distribute
among all legal heir.

C. To grant permanent injunction in favour of the plaintiff

restraining the defendants No. 1 not to create third

party interest in respect of suit property. Further, the

defendants No. 1 may be restrained not to harass,

compel, pressurize and extend threats to the plaintiff by

illegal tactics, without due course of law, or through his

agents, servants, subordinates, attorneys, police etc.

directly or indirectly in any manner whatsoever.

D. Costs of the suit be saddled upon the defendants.

 E. Any other relief(s) which this Honourable Court deems

fit, just and proper in favour of the plaintiff.

PLAINTIFF

Tando Adam ADVOCATE FOR THE PLAINTIFF

Dated: .10.2024
VERIFIC ATION
I, Shakeel Ahmed S/O Habib Ahmed, Plaintiff do hereby
verify on oath and solemn affirmation, that whatever stated above is
true and correct to the best of my knowledge and belief.

Tando Adam. DEPONENT

DATED .10.2024
The deponent is known to me and is identified by me to
the Commissioner for taking affidavit.

ADVOCATE
Solemnly affirmed on oath this ___ day of October,
2024, by the deponent above named, who has been identified by Mr.
Abid Imam Baloch Advocate, to whom, I know personally.

COMMISSIONER FOR TAKING AFFIDAVIT

The contents of this affidavit were truly, audibly and
legibly explained to the deponent in his mother tongue, who appears
to have understood the same perfectly and signed in my presence.

DOCUMENTS FILED (Photocopies):-

1. .
2. .
3. .
4. .
5. .
6. DOCUMENTS RELIED UPON:-
 1. Any other document(s) found relevant
or in rebuttal whereof.
ADDRESSES OF THE PARTIES:-
Same as mentioned in the cause title.
ADDRESS OF THE ADVOCATE:
Same as shown in the Vakalatnama of the Plaintiffs.
DRAFTED AND PREPARED AS PER INSTRUCTIONS
OF MY CLIENT IN MY CHAMBER.

ADVOCATE FOR THE PLAINTIFF

IN THE COURT OF SENIOR CIVIL JUDGE, TANDO ADAM
FC Suit No. of 2024
Shakeel Ahmed …………………………………………PLAINTIFF.
VERSUS
Jameel Ahmed & others. ………………………….…….…DEFENDANTS.
LIST OF LEGAL HEIRS OF PLAINTIFF
1.
2.
3.
4.
5.

NOMINEE:- In case of eventuality the LRs at Sr. No. 1

will intimate this Honourable Court.
Tando Adam. ADVOCATE
DATED .10.2024. FOR THE PLAINTIFF
IN THE COURT OF SENIOR CIVIL JUDGE, TANDO ADAM
FC Suit No. of 2024
Shakeel Ahmed …………………………………………PLAINTIFF.
VERSUS
Jameel Ahmed & others. ………………………….…….…DEFENDANTS.

APPLICATION U/O XXXIX RULE 1 & 2 R/W S-151 C.P.C.

It is prayed on behalf of the plaintiff above named that

this Honourable Court may be pleased to grant interim injunction

against the defendants thereby restraining them not to create third

party interest in respect of suit property. Further, the defendant No.

1 may be restrained not to harass, compel, pressurize and extend

threats to the plaintiff by illegal tactics without due course of law by

him, or through his agents, servants, subordinates, attorneys, police

etc. directly or indirectly in any manner whatsoever, on consideration

of the averments already surfaced from the memo of plaint and

additionally disclosed in the supporting affidavit.

This prayer is made in the interest of justice.

Tando Adam. ADVOCATE

DATED .10.2024. FOR THE PLAINTIFF
IN THE COURT OF SENIOR CIVIL JUDGE, TANDO ADAM
FC Suit No. of 2024
Shakeel Ahmed …………………………………………PLAINTIFF.
VERSUS
Jameel Ahmed & others. ………………………….…….…DEFENDANTS.

AFFIDAVIT
I, Shakeel Ahmed S/O Habib Ahmed,R/O Muhallah Mali
Para Taluka Tando Adam District Sanghar do hereby verify on oath
and solemn affirmation as under:-
1. That I am the Plaintiff in the above matter, hence well
conversant with the facts of the case.

2. That the accompanying application U/O XXXIX Rule 1 & 2

R/W Section 151 CPC has been drafted and moved under my
instructions, contents of which are true and correct and may be
treated as part and parcel of this affidavit.

3. That I have made out a good prima facie case and likely
to succeed.

4. That the balance of convenience also lies in my favour.

5. That the action of the defendant No.1 if not stopped, I

will suffer irreparable loss, injury and hardships.

6. That I am lawful and legal owner of the suit land.

7. That if the interim injunction is not granted, then there

is likelihood of multiplicity of litigation between the parties.

8. That if the interim injunction is not granted, there is

likelihood of creating law and order situation between the parties as
the defendant No. 1 is extending murderous threats.

9. That unless the interim injunction is granted, the very

purpose of filing the instant suit will be vitiated.

10. That grant of the accompanying application will meet

the ends of justice.
 That whatever stated above is true and correct to the
best of my knowledge and belief.

Tando Adam. DEPONENT

DATED .10.2024.
The deponent is known to me and is identified by me to
the Commissioner for taking affidavit.

ADVOCATE
Solemnly affirmed on oath this ___ day of October,
2024, by the deponent above named, who has been identified by
Abid Imam Baloch Advocate, to whom, I know personally.

COMMISSIONER FOR TAKING AFFIDAVIT

The contents of this affidavit were truly, audibly and
legibly explained to the deponent in his mother tongue, who appears
to have understood the same perfectly and signed in my presence.

COMMISSIONER FOR TAKING AFFIDAVIT

IN THE COURT OF SENIOR CIVIL JUDGE, TANDO ADAM
FC Suit No. of 2024
Shakeel Ahmed …………………………………………PLAINTIFF.
VERSUS
Jameel Ahmed & others. ………………………….…….…DEFENDANTS.
APPLICATION UNDER SECTION 149 C.P.C
It is prayed on behalf of plaintiffs that, this Honourable
Court may be pleased to grant some time for filling the judicial
stamps (Court Fee) due to unavoidable circumstances the plaintiff
could not arrange the judicial stamps (Court Fee) on the time, hence
this application.
The prayer is made in the interest of justice.

Tando Adam Advocate

Dated:21.10.2024 For the plaintiff
IN THE COURT OF SENIOR CIVIL JUDGE, TANDO ADAM
FC Suit No. of 2024
Shakeel Ahmed …………………………………………PLAINTIFF.
VERSUS
Jameel Ahmed & others. ………………………….…….…DEFENDANTS.
AFFIDAVIT
I, Shakeel Ahmed S/O Habib Ahmed,R/O Muhallah Mali
Para Taluka Tando Adam District Sanghar do hereby verify on oath
and solemn affirmation as under:-
1. That, I am plaintiff in above mentioned FC Suit, I am well
conversant of the facts of the case.

2. That, the application under section 149 C.P.C is drafted

under my instruction.
3. That, I say that, I could not arrange judicial Stamps
(Court Fee) due to unavoidable circumstances.
4. That, the application under section 149 of C.P.C may be
treated part and parcel of this affidavit.
5. That, whatever stated above is true and correct to the
best of my knowledge and belief.

TANDO ADAM DEPONENT

DATED .10.2024.
The deponent is known to me and is identified by me to
the Commissioner for taking affidavit.

ADVOCATE
Solemnly affirmed on oath this ___ day of October,
2024, by the deponent above named, who has been identified by Mr.
Abid Imam Baloch Advocate, to whom, I know personally.

COMMISSIONER FOR TAKING AFFIDAVIT

The contents of this affidavit were truly, audibly and
legibly explained to the deponent in his mother tongue, who appears
to have understood the same perfectly and signed in my presence.

COMMISSIONER FOR TAKING AFFIDAVIT