SUIT FOR DECLARATION, PERMANENT AND MANDATORY INJUNCTION

Respectfully sheweth:

1. That the Plaintiff is owner in possession of land measuring 9 Kanal 2 ½ Marlas bearing
Khasra No. 1129/2, 1326, Khewat No. 1077, Khatooni No. 1695.1694, situated at
revenue Estate Mohra Noor, Tehsil and District Islamabad. The copy of Register
Haqdaran Zameen is attached herewith for the kind perusal of this Honourable Court.
2. That the Plaintiff also purchased the land Khasra No. 1384 Moza Mohra Noor from the
Defendant No.1 vide agreement dated 16.5.05 measuring 65 Kanal and the Plaintiff had
paid all the amount in which the Defendant hand over the possession of 45 Kanals and
remaining land of 20 Kanals possession has not been handed over the Plaintiff. The
above said land hereinafter referred to as the “Suit Land”. (Copy of agreement is
attached)
3. That the Defendants are influential persons and on the basis of their influence are bent
upon and planning to encroach upon the Plaintiff’s land are trying to dispossess from the
suit land, raise constructions, alienate or change the nature of the same “Suit Land” by
different mode and means on the basis of their false and frivolous claims whereas the
Plaintiff is owner in possession of the suit land without any outside interference from
any side.
4. That the Plaintiff has continuously been asking the Defendants to desist from their
illegal designs but they are adamant. Instead of acceding the request of the Plaintiff, the
Defendants have now started extending threats of dire consequences upon the Plaintiff to
encroach upon Plaintiff’s land, take forcible possession and then raise the construction
over there, sell, alienate and change the nature of “Suit Land”. Therefore, the Plaintiff
has left with no option but to file the present suit in this Honourable Court.
5. That the Plaintiff has great apprehension of invasion at the hands of Defendants and if
the Defendants are not restrained from their illegal designs then the Plaintiff shall suffer
an irreparable loss.
 6. That the Cause of Action accrued to Plaintiff a few days back when the Defendants
made illegal designs of taking forcible encroachment , interfering possession and
changing the nature of the “Suit Land” and the same is continuous till the filing of
instant suit.
7. That the cause of action accrued at Islamabad and the parties to the suit also reside at
Islamabad hence this Honourable Court has got the jurisdiction to entertain the suit and
grant the relief claimed for.
8. That the value of suit for purpose of court fee and jurisdiction is fixed at Rs.10,00,000/-
which is exempted from Court Fee.

P R A Y E R:

In these circumstances, it is therefore respectfully prayed that following decrees may kindly be
passed in favor of Plaintiffs against the Defendants.

A decree for declaration to the effect that the Plaintiff is lawful owner in possession of suit land
and the Defendants have no concern whatsoever with the same. Further declaration to the effect
that the proposed act of Defendants are illegal, unlawful, malafide, arbitrary, unjust,
unauthorized, ineffective and inoperative upon the rights of the Plaintiff and therefore,
constitute an invasion over the rights of the Plaintiff.

A decree for permanent injunction restraining the Defendants from taking possession of suit
land, directing the Defendants to hand over remaining possession of 20 Kanals to the Plaintiff,
encroaching upon interfering in the peaceful possession of Plaintiff, giving power of attorney
(general or special) to any body else, entering into agreement to sell, selling alienating,
gathering, construction material, raising any construction or changing the nature of the suit land
in record as well as spot in any manner whatsoever.

Any other relief, which this Honourable Court may deem fit and proper may also be granted.
 PLAINTIFF
Through

NEELAM AGHA SHUJAH-UD-DIN

Advocate High Court
LL.M. (London, UK)

VERIFICATION:

Verified on oath at Islamabad on this 12.02.2019 that the contents of Plaint are true and correct
to the bets of my knowledge and belief and rest of the Paras are correct as per information
furnished.

CERTIFICATE:

1. That no subject matter or material issue in the instant suit has directly or substantially
been in issue in any former suit between the same parties or between the parties under
whom they or any of them claim litigation under the same title before a Court of
competent jurisdiction.
2. Further that the subject matter or material issue never came up before the Honourable
High Court or Supreme Court or any other forum.

PLAINTIFF