IN THE COURT OF LEARNED SENIOR CIVIL JUDGE,

MULTAN.

Civil Suit No. __________/2003

1. Mst. Mumtaz alias Shamim Mai widow of Allah Yar, caste

Khand, R/o near Chowk Rasheed Abad, Mauza Taraf Juma
Khalsa, Tehsil & District Multan.
2. Muhammad Yousuf sons of Allah Yar, caste Khand, R/o
3. Muhammad Younus Chowk Rasheedabad, Mauza Taraf
Juma Khalsa, Tehsil & Distt Multan.

4. Mst. Dilshad daughters of Allah Yar, caste Khand, R/o

5. Mst. Farzana Chowk Rasheedabad, Mauza Taraf Juma
Khalsa, Tehsil & Distt Multan.
……PLAINTIFFS
VERSUS
1. Mst. Irshad Khatoon W/o Irshad Hussain, caste Bhatti, R/o
Chah Ranjhay Wala, Tehsil Shujabad, District Multan.

2. Muhammad Siddique S/o Faiz Bakhsh, caste Sudhani, R/o

near Masjid Rehmania, Eidgah Road, Multan.

3. Mst. Mumtaz Elahi W/o Faiz Bakhsh, caste Sudhani, R/o near
Masjid Rehmania, Eidgah Road, Multan.

4. Muhammad Jameel S/o Faiz Bakhsh, caste Sudhani, R/o near

Masjid Rehmania, Eidgah Road, Multan.

5. Mst. Zohran Mai widow of Allah Yar, caste Khand, near

Chowk Rasheed Abad, Mauza Taraf Juma Khalsa, Tehsil &
District Multan.

6. Mst. Nasreen daughters of Allah Yar, caste Khand, R/o

7. Mst. Haseena Chowk Rasheedabad, Mauza Taraf Juma
8. Mst. Naurin Khalsa, Tehsil & Distt Multan.
9. Mst. Zarina Begum

…DEFENDANTS
 Suit for Perpetual injunction restraining
the defendants from interfering illegally
and without restoring to partition, into the
land owned and possessed by the plaintiffs
out of joint khatas and further restraining
them from changing the existing
complexion of the land by digging earth, by
construction and by selling specific Khasra
numbers and forcibly taking the possession
other than their due share and possessed by
the plaintiffs.

DETAILS OF LAND: -
(i) Khewat No. 1370 in black ink, 1398
in red ink, Khatooni No.’s 1898 to
1909, Qitat 29, total share 78840 total
area of Khewat No13K—8M.
(ii) Khewat No. 1396 in black ink, 1371
in red ink, Khatooni No. 1930, Qita 1,
total share 15510, total area of
Khewat 25K—17M.

according to Fard Khulasa Malkiat

pertaining to the year 1992-93 & 1988-1989
prepared by Halqa Patwari, located in
Mauza Taraf Juma Khalsa, Tehsil &
District Multan (which will be called
hereinafter as “disputed land” for the sake
of brevity).

Respectfully Sheweth: -
1. That briefly stated the fact of the case in hand are that the
disputed property is owned by Allah Yar the predecessor-in-
interest of the plaintiffs and defendants No. 5 to 9. After his
death, the property was devolved to his legal heirs i.e.
plaintiffs and defendants No. 5 to 9. The disputed property is
joint and has not so far been partitioned. The plaintiffs and
 defendants are co-sharers of the disputed property upto their
shares.

2. That the plaintiffs are in possession of their legal share of

property in dispute and the plaintiffs after expending huge
amount by building new rooms and made renovation over
their share. And this is the only house for the plaintiffs for
living.

3. That defendant No. 1 is also co-sharer of the disputed khata,

who sold her property to defendants No. 2 to 4. The defendant
No. 1 has sold her share, but she has not yet delivered the
possession of the land to defendants No. 2 to 4. But the
defendants, unjustifiably, forcibly and illegally intend to
occupy the land, which is owned and possessed by the
plaintiffs since long. The defendants want to sell the disputed
property and in order to achieve their evil design, they have
entered into a bargain with local property dealers, who, off
and on bring customers to show the disputed land for sale
purpose, although the defendants without legal partition
proceeding, cannot enter upon by selling specific portion of
disputed land or forcibly take possession of the disputed land,
nor can they get possession of the disputed land, nor can they
get possession of the land more than the land to which they
are entitled.

4. That the defendants are fuss creators, powerful and influential

persons; and if they succeeded in their evil design, the
plaintiffs will suffer an irreparable loss.

5. That the defendants have been asked time and again that they
should refrain from illegally taking possession of the disputed
land and also restrain from interfering into the possession of
the plaintiffs over the disputed land except by means of
partition, but they use dilly dally tactics and are adamant not
to accede to the request of the plaintiffs, hence, this suit.
6. That the parties reside in Multan, the disputed land is also
situated in Tehsil Multan and cause of action has also arisen to
the plaintiffs against the defendants in Multan, therefore, this
Hon’ble Court has got jurisdiction to try this suit.

6. That the cause of action accrued to the plaintiffs against the

defendants 5 days back from the flat refusal of the defendants.

7. That the value of the suit for the purpose of court fee and
jurisdiction is fixed at Rs. 400/-, which is immune from the
levy of court fee.

In the light of the above respectful submissions, it is

humbly prayed that decree for perpetual injunction may
kindly be passed with cost in favour of the plaintiffs
against the defendants restraining them from interfering
illegally and without restoring to partition proceedings
into the land owned and possessed by the plaintiffs and
further restraining them from digging earth, by
construction and by selling specific portion of the
disputed land out of joint khatas; and forcibly taking
possession other than their due share and possessed by
the plaintiffs.

Humble Plaintiffs,
Dated: ________

Through: -
AAMER AZIZ QAZI,
Advocate High Court,
123-District Courts,
Multan.
Verification: -
Verified on oath this 10th day of May
2003 at Multan that all the contents of
the above titled suit are true and
correct to the best of my knowledge
and belief.
Plaintiffs
 IN THE COURT OF LEARNED SENIOR CIVIL JUDGE,
MULTAN.

Civil Suit No. __________/2003

Mst. Mumtaz alias Shamim Mai etc.

VERSUS
Mst. Irshad Khatoon etc.

Application U/o 39, Rules 1 & 2 read with Sec-151 C.P.C.

Respectfully Sheweth: -

1. That the subject noted suit is being filed today in this Hon’ble
Court. The contents of the plaint be considered as part &
parcel of this application.

2. That the defendants are out to sell the disputed property

without restoring legal partition; and also intend to take
forcible possession of the disputed land and to change the
complexion by construction on the disputed land; and if they
succeeded in their bad designs, then the applicants/plaintiffs
shall suffer an irreparable loss.

3. That all the factors necessary for grant of stay order exist on
record in favour of the applicants/plaintiffs.

Affidavit is attached.
 In view of above respectful submissions, it is
therefore, prayed that pende lite the
respondents/defendants are restrained from selling the
disputed property without restoring to the legal partition
and interfering into the possession of the plaintiffs over
the disputed land; and also be restrained form changing
the complexion of the disputed land by construction
over the disputed property.
Humble applicants,
Dated: _______

Through: -

AAMER AZIZ QAZI,

Advocate High Court,
123-District Courts, Multan.
 IN THE COURT OF LEARNED SENIOR CIVIL JUDGE,
MULTAN.

Civil Suit No. __________/2003

Mst. Mumtaz alias Shamim Mai etc.

VERSUS
Mst. Irshad Khatoon etc.

STAY APPLICATION

AFFIDAVIT of: -

Mst. Mumtaz Mai alias Shamim Mai widow of Allah

Yar, caste Khand, R/o near Chowk Rasheed Abad Eid
Gah Road, Taraf Juma Khalsa, Tehsil & District
Multan.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-titled application are true and correct
to the best of my knowledge and belief and
nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of May 2003 that the contents of this affidavit are
true & correct to the best of my knowledge and
belief.

DEPONENT