In the court of Senior Civil Judge Karachi, South.

F.C Suit No. Of 2017

1. Mst. Salma Aslam W/o Late Aslam Memon

Through Special Power of Attorney
Saqib Arshad Memon S/O Arshad Ahmed Memon
R/o House No. 81 Block D, Citizen Colony, Qasimabad. Hyderabad

Plaintiff

Versus

1. M/S Diamond Residency

MyLand Builders & Developers
Office at Plot No. 76/1 adjacent Defence View. Extension main Shaheed-
e-Millat Expressway Karachi.

2. Sub Registrar, Karachi

..Defendants

SUIT FOR THE SPECIFIC PERFORMANCE OF CONTRACT

AND POSSESSION

That the Plaintiff begs to submit as under;-

1. That the Plaintiff is a law abiding citizen of Pakistan.
2. That the Plaintiff got a flat No. 503, Type A, booked on 25/ 04/2007
by paying the amount Rs. 6, 30000 (Six Lac thirty thousands). The
mode of payment was Rs. 5000/= (Five thousand) Cash and Rs. 6,
25000/= (Six Lac, twenty five thousands only) through Cheque No.
RP. 0346785 dated 25/04/07 Al Falah Bank Vide receipt No. 163
dated 25/04/07. (Annexture)
3. That subsequently on 12th Nov. 2007, the Defendant No 1 issued the
confirmation letter to the Plaintiff. ( Annexure )
4. That, the Plaintiff kept on paying regularly, without fail, the
installments to the Defendant No. 1 till 28/5/16 according to the
schedule of payment. ( All the receipts attached)
5. That the Plaintiff has paid Rs. 47, 97000 (forty seven lac, ninety seven
thousands), out of the total amount Rs.4800000/= ( Forty Eight Lac)
to the Defendant No.1 .
6. That the Defendant No.1 issued the letter to the Plaintiff on Nov.1,
2016 Subject: Regarding balance payment & Documentation charges
of your in our Project, showing as Rs. 2, 28000/= (Two Lac Twenty
 Eight Thousands) as Apartment Cost, as Balance Dues, and the
amount Rs. 25, 00,000 ( twenty five lac) as Documentation Charges. (
Annex )
7. That the Defendant No. 1 had offered/ granted an Special Discount
of Rs. 2,25,000/= ( two lac twenty five Thousands) for Rs. 2,25,000 if
Plaintiff pays Rs. 6,30,000/= (Six Lac thirty thousands). So the
Plaintiff accepted the offer and paid Rs. 6, 30,000/= (Six Lac thirty
Thousands).
8. That the Schedule duly issued by the Defendant No.1 discloses that
for Type A flats at floor 4 to 6 the total amount payable is 48,00,000 (
forty eight lac, only). So, according to your schedule, besides Special
Discount, my client has to pay only Rs. 3000/=(three thousands). (
Annex )
9. That according to Payment Advice duly issued Defendant No.1 to the
Plaintiff on 1 Oct. 2016, the Defendant No.1 has admitted to have
received the amount of Rs. 47,97000/=( forty seven lac, ninety seven
thousands, only). ( Annexture )
10.That the Defendant No. 1 has mentioned in Payment Advice Dated 1
Oct. 2016 the Total Grand Rs. 50,25,000/=(Fifty lac , twenty five
thousands).
11.That all of sudden in slip shot manner Defendant No.1 issued a letter
regarding the balance payment, documentation & outstanding charges
against my client Rs 2,28000/= (two lac twenty thousand) and
Documentation Charges Rs. 25,00,000 (Twenty five lac).
12.That, the Defendant No.1 has demanded Rs. 2500,000 (Twenty five
lac rupees), which is unjustified and unreasonable demand as
document charges.

That the Defendant No. 1 had to finalise the finishing work and hand
over the possession to the Plaintiff with 42 months after the Booking of
the Flat.

13.That the Defendant No 1 has still not completed the finishing work.
As the remaining work of Rs. 10, 00,000(ten Lac) is yet to be done.

14.That the Plaintiff served the Legal Notice to the Defendant No.1 on
22-12-2016. The Plaintiff has demanded in this Legal Notice from the
Defendant No. 1 to collect N.O.C from the Competent Authority
anthe Plaintiff is ready to purchase Stamps for the Registration. (
Annex )
15.That the Plaintiff is ready to Pay outstanding amount to Defendant
No.1 .
16.That the cause of action accrued to the Plaintiff when the Defendant
No.1 served Reminder on January 1, 2017 to the Plaintiff, showing
the outstanding Balance Dues Rs. 27,28000/= ( twenty seven Lac
 twenty eight thousands), out of it Rs. 2500,000/= (twenty five lac) has
been shown as Documentation Charges for lease, Connection Charges
for Gas, Electricity, Water & Sewerage Charges.
17.That the Project/Suit property is situated within the jurisdiction of this
Honorable Court.
18.That the court fee has been paid Rs.15000/= ( fifteen thousands)

Prayer
That this Honorable Court may be pleased to grant following
prayer:-
1. To direct the Defendant No 1 to collect N.O.C from the competent
authority and execute sale deed of Flat No. 503 Type A situated in
Diamond Residency in favour of the Plaintiff.
2. To direct the Defendant No.1 to complete the finishing work of the
subject flat of the Plaintiff.
3. To direct the Defendant No 1 to hand over the possession of the
subject Flat.
In failing thereof the Nazir of this Honorable Court may be
directed to;
4. To execute the Sale Deed of the subject flat in favor of the
Plaintiff.
5. To hand over the possession of the subject flat to the Plaintiff.

ADVOCATE