Before the senior civil judge, Islamabad West

1. Sardar Khan Niazi s/o

SUIT FOR RECOVERY OF Rs. 50 MILLIONS IN

DAMAGES TO THE BUILDING NO. 25-B, G-10, MARKAZ,
ISLAMABAD

Respectfully sheweth,

1. That the petitioners are the owner of Rose Plaza, property no.
25-B, G-10, Markaz, Islamabad.
2. That the above said property is consisting of four stories. The
plaintiff no.1 is the owner of ground floor and lower ground
floor and plaintiff no.2 is the owner of the first floor of the
property, petitioner no.3 I the owner of third and fourth floor
of the property and the plaintiff no.4 is the owner of second
floor of the property.
3. That the respondent no.1 is a private educational institution
and has a number of branches in different cities.
4. That on the 31st of May, 2017 the plaintiffs entered into four
lease agreement with the respondent no.1 for the above said
property and the time period of said lease agreement was
determined as 10 years. The position of suit property was
handed over to the respondents on the 22nd of June, 2017,
(copy of the handover sheet is attached with the suit)
5. That a the time of agreement it was settled between the parties
that the respondents are liable to pay Rs. 3 million as rent
including amenities and fixtures charges every month to the
plaintiff. It was also settled between the parties that the
respondents are duty bound to pay six months advance rent to
the plaintiff starting from 5th of June,2017 to 4th of December,
2017. It was further settled between the parties that the
defendants are duty bound to pay 3 months advance rent with
effect from 5th of December, 2017 onward to the plaintiff
during the whole lease period.
6. That at the time of agreement it was also settled between the
parties to the agreement that defendants shall not make any
structural additions, alterations or demolitions to the property
or any part thereof without the written consent from the
plaintiffs except improvements and temporarily partitioning of
rooms etc or creating accommodation for classrooms, for
school purpose and such other changes and modifications as
are necessary for the running of school which will be removed
at the time of vacating the set premises by the defendants.
7. That after the possession of the premise, defendants started
the construction for school in a manner which was not only in
breach of the said agreement but was also detrimental to the
super structure of the building.
8. The defendants demolished the rooms, pillars, walls and
partitions to such an extent which were non-consistent with
 the modifications necessary for educational purposes of the
students.
9. All of the above stated demolitions and alterations were in
strict violation of the agreement decided between the parties.
10. When the plaintiffs visited the premises for inspection
and demanded the due rent amount as per the agreement, the
defendants displayed an extremely unprofessional behavior
towards the plaintiffs and refused to pay the rental amount
outright, hence being in a flagrant breach of duty owed
towards the plaintiffs under the lease agreement.
11. Due to the alterations carried out by the defendants to
the building, the plaintiffs have sustained a loss of Rs. 40
Million with respect to the damage caused to the structure of
the building.
12. The plaintiffs will also have to reconstruct the premises
in a way which are with accordance to the laws of Capital
Development Authority (CDA), Islamabad. Therefore, plaintiffs
are also eligible to recover the costs which will be required for
the re-construction of the building.
13. Due to the unprofessional, dishonorable, unethical and
unscrupulous behavior of the defendants, the plaintiffs have
gone through severe mental anguish and emotional distress
caused in relation to the damage caused to their building and
non-payment of rent in due time. Therefore, it is requested
humbly that the plaintiff be allowed the recovery of Rs.10
million in emotional distress damages.
14. The plaintiffs are also liable to recover the costs involved
in court proceedings from the defendants.