IN THE COURT OF SENIOR CIVIL JUDGE,

MULTAN.

1. Mirza Muhammad Waheed Baig S/o Mirza Jan Muhammad

Advocate, 212-Metro Plaza Qasim Road, Multan Cantt.
2. Khalid Mehmood S/o Abdul Razzaq, 117-Metro Plaza Qasim
Road, Multan Cantt.
3. Imran Malik S/o Aziz-ur-Rehman, 219-Meto Plaza Qasim Road,
Multan Cannt.
4. Dr. Asdaq Khakwani S/o Muhammad Sadiq Khakwani 122-Metro
Plaza Qasim Road, Multan.
5. Tahir Dar S/o Abdul Aziz, 34 Metro Plaza Qasim Road, Multan
Cantt.
6. Basharat Ali S/o Abdul Ghaffar, 55- Metro Plaza Qasim Road,
Multan Cantt.
7. Aziz-ul-Haq S/o Imtiaz-ul-Haq, 116- Metro Plaza Qasim Road,
Multan Cantt.
8. Nazir Ahmad S/o Bashir Ahmad, 128- Metro Plaza Qasim Road,
Multan Cantt.
All Lessees of Multan Cantonment Board, Multan Cantt.
PLAINTIFFS.
VERSUS

1. Cantonment Board through its Chief Executive.

2. Cantonment Executive Officer, Cantonment Board, Multan Cantt.
DEFENDANTS.
 Suit for declaration to the effect that plaintiffs
being lessees of Cantonment Board, Multan Cantt.
in Metro Plaza, Qasim road, Multan Cantt. have
legal right to utilize the parking area of Metro
Plaza Multan Cantt. and defendants are not
authorised to lease out the said parking area &
Auction Notice dated 20.8.99 issued by defendants
is illegal, ultra virus, unwarranted, without lawful
authority and encroaching upon the legal rights of
the plaintiffs and therefore, inoperative qua the
rights of the plaintiffs, AS WELL AS THE
DEFENDANTS SHALL BE RESTRAINED
FROM ARISING ANY TYPE OF
CONSTRUCTION ON THIS AREA. And as a
consequential relief a decree by way of permanent
injunction restraining the defendants from
affecting auction of the disputed parking area in
any manner whatsoever.

Respectfully sheweth: -
1. That Cantonment Board, Multan Cantt in the year 1993
constructed a commercial plaza at Qasim Road, Multan Cantt.
and invited offers from different individuals to lease out
rooms/offices and shops in the said commercial plaza.

2. That according to approved site plan for the convenience of the

lessees/plaintiffs and their clients, the parking area was provided
to the plaintiffs and the plaintiffs have been utilizing the said
parking area without any interference or hindrance since the start
of commercial activities in Metro Plaza Multan Cantt. which in
itself is an ample proof of the fact that the parking area was
constructed for the lessees/occupants of the said plaza. It is
further brought to the notice of this Hon’ble court that according
to the terms and conditions of the lease agreement the
 lessees/occupants/plaintiffs have the right to use and enjoy the
parking facility provided in Metro Plaza, Multan Cantt.

3. That since 1993 as mentioned above the parking facility

provided in Metro Plaza is being enjoyed by the
lessees/occupants as the same has been provided in the approved
site plain and the occupants/lessees have appointed Mr.
Muhammad Saleem son of Muhammad Ramzan resident of
House No.498, Street No.8, Multan, as attendant of the parking
area which in itself shows that Cantonment Board or defendants
have no concern whatsoever with the disputed parking area
facility.

4. That defendants vide publication made in the daily “NAWA-E-

WAQT” dated 20.8.99 invited offers for open auction to the
parking area of Metro Plaza, Multan Cantt.

5. That as soon as the plaintiffs came to know about the said

auction, defendants were immediately approached vide letter
dated 21.8.99 and were informed about the legal position but the
said defendants have neither replied to the letter dated 21.8.99
nor made any decision on the said letter which is self
explanatory, showing the malafide on the part of defendants and
necessitated the plaintiffs for filing the instant suit.

6. That cause of action accrued to the plaintiffs firstly on 20.8.99

and is continuously accruing as defendants have neither replied
nor made any decision on the said letter dated 21.8.99.

7. That parties are residing at Multan and the disputed parking area
is also situated at Multan Cantt. Hence this Hon’ble Court has
got territorial jurisdiction to adjudicate upon the matter.

8. That valuation for the purpose of court fee and jurisdiction is

fixed for Rs. 500/-, which is exempted from levy of court fee.

It is therefore, humbly prayed that a decree

for declaration be issued in favour of the plaintiffs
 against the defendants to the effect that plaintiffs
being lessees of Metro Plaza Multan Cantt. as
legal right to utilize the parking area of Metro
Plaza Multan Cantt. and defendants are not
authorized to lease out the said parking area and
Auction notice dated 20.8.99 issued by
defendants is illegal, ultra virus, without lawful
authority, encroaching upon the legal rights of the
plaintiffs and therefore inoperative qua the rights
of the plaintiffs AS WELL AS SHALL THE
DEFENDANTS BE RESTRAINED FROM
ARISING ANY TYPE OF CONSTRUCTION
ON THE PARKING AREA and a consequential
relief a decree by way of permanent injunction
permanently restraining the defendants from
conducting auction of the disputed parking area in
any manner whatsoever be passed in favour of the
plaintiffs against the defendants.
Humble Plaintiffs,

Dated: _________
Mirza Waheed Baig etc.

Through: -
Sh. Muhammad Faheem,
Advocate High Court,
28-Distt.Courts, Multan.