IN THE HIGH COURT OF SINDH AT KARACHI

Civil Suit.No.
2014
Muhammad Saleem
S/O Shujauddin,
Muslim, Adult,
R/O Flat No. 27,
Fourth Floor,
Panbha Lane,
Muhallah Line,
KARACHI.

Plaintiff
V/S

1.Muhammad Anwar
S/O. Mairaj Muhammad,
Muslim, Adult,
R/O. Flat No. 301,
Ayesha Garden,
Alfred Street,
Garden West,
Karachi.
2. Saleemuddin S/o Ikramuddin,
Muslim, Adult, R/o. Flat No.6
Ist Floor, Makkah manzil, Plot No.L.R-6-3/4,
Nishter Road, Ranchore Line,
Karachi.
3. SULTAN AFSAR MASHWANI,
S/O. Not Known,
Muslim, Adult,
Doing business at
Shop No.8, City Tower,
Near Lasbella Chowk,
Nishter Road,
Karachi.

Defendants

3. The Sindh Building Control Authority,

Through Administrator,
SBCA Building Civic Centre,
Gulshan-e-Iqbal,
KARACHI
SUIT FOR DECLARATION, CANCELLATION OF
DOCUMENTS,POSSESSION DAMAGES
AND PERMANENT INJUNCTION.
The plaintiff above named respectfully begs to submit as under:1. That this Suit is filed by the Plaintiff through his Attorney Mr.
Muhammad Naser Ali, S/o Haji Inamuddin Sheikh.
A Photo Copy of Power of Attorney is produced as Annex A
2. That the plaintiff entered into a Partnership Deed with the
defendant No.1 and 2 on 22nd November, 2008. This partnership
Deed was registered under Registration No. 2682 with the SubRegistrar, II at Jamshed Town, Karachi.
A photo copy of this partnership Deed is produced as Annex B.

3. That according to this partnership Deed, the Partners had Mutually

resolved and agreed to start and carry on business of construction
of Flats and Sale/Purchase/ Booking of individual units/
Flats/Shops/offices and or any other immovable properties
particularly using the Residential Plot of Land bearing Survey No.
488 SHEET, GRE, Measuring 1016 Square Yards or there about,
Situated at Garden East Quarters, Union Council No.12, Jamshed
Town, Karachi. This plot had become a common property of the
shareholder by way of the Execution of Partnership Deed. All the

partners were bound to do the Joint business honestly and in a fair

manner safeguarding the interest of each Other.

4. That the Plaintiffs Share in the Partnership business was 45%.

The share of defendant No. 1 was fixed to be 45% and that of the
defendant No.2, the share was 10%.

5. That the partners had to construct a Multi Storey Building on the

above-said Plot No. 488, sheet CRE, Measuring 1016 Square
Yards, situated at Garden EAST Quarters Union Council No.12,
Jamshed Town, Karachi with a number of Shops & Flats to be
constructed on the ground and upper Floors which were to be
booked and sold to the general public.

6. That the Defendant No.1 was assigned. The role of managing the
business and evolve a program for the Multi Storey building to be
constructed on the above said plot, booking the same after getting
advance money from the Public Purchasers and completing the
project in all respects with a reasonably good speed to gain the
confidence of the public.

7.

That the partner No.2, the Plaintiff, was entrusted with the role
of attracting the Public, selling the Flats and shops and acquiring
advance booking cost from the purchasers. The Plaintiff was also
responsible for liaisoming with the Construction Company and
remaining in Touch with the defendantNo.1 for assistance if
required at any time of whatever nature.

8. That the Plaintiff booked the Flats and Shops to the following
Purchasers and received advance booking charges from them as
detailed Below. All the amounts were paid to the defendant from
time to time for construction of the building and handing over
possession of units to the purchasers at the appropriate time.

1. Muhamad Muhammad Bhai of Nida Garments booked flat.

Rs.1,00,000/2. Rafiq Bhai Booked Flat No.401,402

Rs. 10,50,000/-

3. Razaq Bhai Ranchore Line Wallah.

Rs.25,000/-

4. Saleem Bhai, Paid Token for one Flat.

Rs.1,00,000/-

5. Saleem Bhai, paid cash to Muhammad Ali

& Anwar for booking of flats.
6. Paid for Shop on Abdul Hasan Isphahani

Rs. 4,50,000/-

Road to Muhammad Ali.

7. Lasbella Flats.No.306, Plot 487
8. Second Flat No.109 on Plot No. 488.
Qaiser Baji
9. Flat for Nadia Khalil on Plot No. 488.
Flat No.104
10. Saleem Bhai paid to to Farooq For Flat.
11. Lawrence Road Flat.
TOTAL:

Rs.10,00,000/Rs.5,00,000/Rs.5,50,000/Rs.3,00,000/Rs.7,00,000/Rs.10,00,000/Rs.57,75,000/-

A Photo Copy of the RECEIPT OF PAYMENT is produced as Annex C

9. That the Plaintiff paid the above said amount of Rs.57,75,000/to the Defendant No.1 for Booking Flats, and Shops in the
proposed under Construction Building on Plot No.488, SHEET
GRE, Measuring 1016 Square Yards or thereabout situated at
Garden EAST Quarters, Union Council No.12, Jamsheed Town,
Karachi.
10. That the defendant No.1 totally failed to complete construction
of building on above said Plot No.488, and hand over Possession
of the same to the respective purchasers on the contrary the
defendant No.1 violated the terms and spirit of the partnership
DEED dated 22nd November 2008, and joined hands with the
defendant No.3, took money from him and started bifurcation of the
above said Plot into plots of about 40 Sq. Yards, Construct a frame
of House/Quarter on that and sell in the market in connivance with
the defendant no.4 in sheer violation of the provisions of Sindh
Building Control Act.
A Copy of sketch is produced as Annex B-1

11. That the Defendant No.1 Could not make refund of money to
the plaintiff and he has been making false promises and
commitments for payment of the same to the Plaintiff.

12. That the defendant No.1 has totally ignored the Plaintiff and the

Defendant No.2, his Partners, and has been working with Defendant
No.3 who is absolutely alien to this business and relationship of
partners of the partnership Deed. This has caused great Losses and
damages to the Plaintiff and Defendant No.2

13. That the defendant No.1 issued a Cheque No. 0552931

dated 28-8-2008 for Rs. 11,00,000/- Drawn on MCB limited
Pakistan Quarters branch in favour of Muhammad Alam which
was dishonored.
A Photo copy of this Cheque is produced as Annex D

14. That on the instance of the Defendant No.1, the Defendant

No.3 issued a Cheque No.8363815 dated 3-6-2013 for
Rs.5,00,000/- drawn on HBL, Lasbellah Chowk, Karachi, to the
Plaintiff against payment of Outstanding refund of booking
Money is produced as Annex E

15. That the defendant No.1 also issued a Cheque CD0497602 dated 05-05-2009 for Rs. 1,00,000/- drawn on Bank AlFalah Limited, Timber Market Branch, Karachi.
A Photo Copy of this Cheque is Produced as Annex F

16.

That the Defendant No.1 and 3 have been making huge

profits from this business of selling plots of about 40. Sq. Yards
with Ground Plus one construction on the same. They have so far

earned about Rs. 3,00,00,000/- out of which the Defendant No.1

and 3 are liable to make Payment of about Rs. 1,00,00,000/- to the
Plaintiff as his share of the Partnership Business as his money has
been used by the defendant. No.1
17.

That the Plaintiff has suffered mental torture, loss of

reputation and family disturbance which has caused him damages

to the tune of Rs. 50,25,000/- for last about 6 years from 2008 to
2014.
18. That the Defendant No.1 and 3 are liable to make payment
of mark-up on the amount of money paid by him on behalf of the
purchasers of Flats who booked shops and flats on different
occasions through the Plaintiff. This mark-up at the rate of 20%
per annum comes to Rs. 72,00,000/- from 2008 to this date on the
total amount of Rs. 57,75,000/- payable by the defendant No.1 and
Defendant No.3 who has been a new partner of Defendant No.1.
19.

That in all the defendant No.1 and 3 are liable to make

payment of Rs. 2,80,00,000/- to the Plaintiff so far with 20%

mark-up on this amount till receipt of the same.

20.

That the Plot No. 488, Sheet GRE, situated at Garden

East Quarters, Union Council No.12, Jamsheed Town, Karachi,

admeasuring about 1016 Sq. Yards is a leased and regularized
Plot. The defendants have bifurcated the same illegally and
unlawfully. The Defendant No.4, Sindh Building Control
Authority is in Connivance with the Defendants No.1 & 3 and
have not taken any action against them inspite of their committing
sheer violation of the Rules and Regulations.

21.

That the Defendant No.2 is one of the Partners and as

such he is a proforma party. He has also made payment of large

amount to Defendant No.1.

22.

That the plaintiff made a number of representations and

held meetings with the defendants No.1 and 3 to persuade them to

be Fair and honest but they did not accede to any request or
suggestion of the Plaintiff. They are bent upon depriving the
plaintiff of his legal rights and his entitlements. Particularly the
defendant No.1 is responsible and required under the partnership
deed to look after the interest of the plaintiff and work with him as
per commitments made by him in the said Deed.

23.

That the plaintiff has made several attempts but he could

not succeed in bringing the defendants to terms and norms of

honesty and business decency.

24.

That the plaintiff is entitled to the fruits and legal benefits

of the partnership business and the defendant No.1 is liable to

provide the same to him whereas the defendant No.3 is assisting
and forcing the defendant No.1 not to do fairness to the plaintiff.

25.

That the general public booked a number of shops,and flats

with the defendant No.1 through the plaintiff in the building to be

constructed on the above said Plot No.488,Sheet GRE, Jamshed
Town ,Karachi. The booking amount of Rs.57,75,000/- was
received by the defendant No.1. He has not made payment of the
same to the plaintiff although the plaintiff has refunded this
amount from his own resources to the purchasers of shops and
flats since the same could not be completed due to dishonesty of
the defendant No.1. Now the defendant No.1 is liable to make
payment of the same alongwith mark up at the rate of 20% per
annum to the plaintiff since 2008 to the final date of payment.

26.

That the cause of action accrued to the plaintiff in Karachi,

the defendants reside in Karachi and as such this Honble
Court has the jurisdiction to try this case.

27.

That the value of this suit is approximately Rs.2,80,00,000

for jurisdiction purposes and the requisite maximum Court Fee
of Rs.15,000/- has been paid and annexed herewith.

PRAYER.
In view of all the submissions made above this Honble Court
may be pleased to Pass a Judgement and Decree as under:-

A.

To declare that the act of the Defendant No.1 of abandoning

the original business plan of constructing a multi storey
building on the above said suit plot and joining hands with the
defendant No.3 in alienation and deprivation of the legal rights
of the Plaintiff is absolutely illegal, unlawful and unjustified
and the defendant No.1 is liable to make payment of damages
to the plaintiff The defendant No.3 is also liable to make
payment of damages to the plaintiff.

B.

To declare that the defendant No.1 is liable to make payment

of the amount of Rs.57,75,000/- to the plaintiff alongwith mark
up at the rate of 20% per annum till recovery since 2008. The
defendant No.1 and 3 are also liable to make payment of
Rs.1,00,00,000/- to the plaintiff out of the estimated profit of
Rs.3,00,00,000/- the defendants have made by changing the
original project and constructing smaller units of about 40 Sq
Yards on the said suit plot.

To declare that the bifurcation of the suit plot into smaller

plots is illegal and unlawful and all the documents executed in
this regard with any purchasers or any other party are liable to
be cancelled. An order may be passed for cancellation of the
same as per law.

D.

To Pass order for demolition of all construction made on the

smaller units in sheer violation of the legal provisions of the
Sindh Building Control Act.

E.

To pass order for the defendant Nos. 1 and 3 to make payment

of Rs.2,80,00,000/-to the plaintiff.

F.

Permanently restrain the defendants, their administrator,

subordinates, and workers under their influence and
administration from making any bifurcation, creation of smaller
plots and making construction on the same for sale in the market
to the general public by attracting them with unlawful tactics.

G.

Any other relief that this Honble Court may deem necessary
may also be granted.

H.

Cost of the suit may also be allowed.

PLAINTIFF THROUGH HIS ATTORNEY

ADVOCATE FOR THE PLAINTIFF.

VERIFICATION.
I, Muhammad Nasir Ali S/o Imamuddin Sheikh, the
above noted plaintiff do hereby State, declare, affirm and verify on oath that
whatever has been stated above is true and correct to the best of my
knowledge and belief.

KARACHI;

D E P O N E N T.

DATED; 9/8/2014.
The deponent is identified by me.
Advocate.

Affirmed on oath before me at Karachi on this 11th

day of August, 2014 by the deponent identified to me by Mr. Adil Hayat
Sandhu, Advocate, personally known to me.

COMMISSIONER FOR TAKING AFFIDAVITS.

DOCUMENTS FILED;

ANNEXS. A TO F

DOCUMENTS RELIED UPON.

AND RECORDS OF RELEVANT DEPTTS.

ORIGINAL OF ABOVE

ADDRESS OF PLAINTIFF.
TITLE.

ADDRESS OF COUNSEL
FOR PLAINTIF.

AS GIVEN IN THE

MR. UMAR HAYAT SANDHU,

ADVOCATE,
MR. ADIL HAYAT SANDHU,
ADVOCATE,
SUITE NO.810-A, SAIMA TRADE
TOWERS, KARACHI;
CELL; 03002338392.
03452806794