IN THE COURT OF EISHAM ALAM CIVIL JUDGE, ISLAMABAD

(WEST)

Ranaz Hussain Versus Mumtaz khan

SUIT FOR POSSESSION ETC

WRITTEN STATEMENT ON BEHALF OF DEFENDANT NO. 1

Preliminary Objections:-

1. That instant suit is neither maintainable nor proceedable.

2. That plaintiff has not approached this Honourable with clean

hands hence he is not entitled to any relief.

3. That value of suit for the purpose of court fee is deliberately

undervalued by the plaintiff as is evident from the nature of the

suit and its contents. Therefore, the plaint is liable to be rejected

straightaway on this score alone.

4. That instant suit is based on forged and fabricated documents.

That plaintiff has got no locus standi to file instant suit.

 5. That another suit titled Mumtaz khan Vs Mst. Parveen Begum

Kanayi in respect of suit property between the same parties is

pending before this Honourable court, therefore, the instant suit

is liable to be stayed under Section 10 C.P.C.

ON MERITS

1. Para No. 1 needs no reply.

2. Para No. 2 is bundle of lies hence denied vehemently. Fact of the

matter is that defendant No. 2 entered into agreement for the

sale of said plot vide agreement dated 26-08-08 against total sale

consideration of Rs. 1,87,50,000/- with one Muhammad Sagir

Malik. Said Muhammad Sagir Malik paid the Rs. 10,00,000/.

through cheque No. CA0004857297 drawn on Faysal Bank Ltd.

I-10 Markaz Islamabad in the name of nominee/son of

defendant No. 2 namely Sajjad Kayani as earnest money at the

time of execution of said sale agreement which was duly en-

cashed. Said Muhammad Sagheer Malik further paid an

amount of Rs. 1,00,00,000/- to defendant No. 2 through pay

Order No. 0134586 dated 25-08-08 drawn on Faysal Bank Ltd.

Which was also en-cashed. In this way Defendant No. 1 has paid
an amount of Rs. 1,10,00,000/- to defendant No. 2 as part sale

consideration which has acknowledged by defendant No. 2 in

agreements dated 26-08-08 and 29-11-08. Actual and physical

Possession of suit plot was delivered to the said Muhammad

Sagheer Malik by defendant No. 2 at the time of execution of

said sale agreement dated 26-08-08. Thus defendant No. 2

acquired possession of the above said plot in part performance of

the said sale agreement. It was agreed that defendant No. 2

would complete her title documents; clear all the dues of

defendant No. 3; obtain a completion certificate which is

mandatory for transfer of suit plot and would submit documents

for the transfer of suit plot in favor of said Muhammad Sagheer

Malik or his nominee/assignee before the concerned officials

of defendant No. 3. It was further agreed that said Muhammad

Sagheer Malik would pay remaining sale consideration of Rs.

77,50,000/- to defendant No. 2 at the time of

transfer/completion of suit plot in his favor or in favor of his

nominee/assignee. Said Muhammad Sagheer Malik then

entered into sale agreement of said plot with defendant No. 1 on

04-12-2008 against the sale consideration of Rs. 2,25,00,000/-

and received Rs. 1,07,00,000/- through Pay Order No. 2728492

dated 04-12-08 drawn on Bank Al-Habib I-8, Markaz Islamabad

and Rs. 40,00,000/- in cash from defendant No. 1. In this way

the defendant No. 1 paid Rs. 1,47,50,000/- to said Muhammad

Sagheer Malik which was duly acknowledged by the said

Muhammad Sagheer Malik in agreement dated 04-12-08. Actual

and physical possession of the said plot was delivered to the

defendant No. 1 in part performance of said agreement.

Defendant No. 2 also acknowledged the said sale transaction in

favor of defendant No. 1. It was agreed that remaining sale

consideration of Rs. 77,50,000/- would be paid by defendant No.

1 to defendant No. 2 as per original agreement dated 26-08-08 at

the time of transfer of suit plot in favor of defendant No. 1. In

this way defendant No. 1 has stepped into the shoes of said

Muhammad Sagheer Malik being assignee in interest and is

entitled to get transfer the suit plot in his favor. Defendant No. 1

after obtaining actual and physical possession of the suit plot

raised superstructure and got installed connections by incurring

huge cost from his own source and is doing business therein. He

has also paid outstanding dues in respect of suit property Rs.

26,33,831/- as demanded by defendant No. 3 vide letter dated

17-04-2010 in order to issue NOC. Defendant No. 1 has

throughout been ready and willing to pay the remaining sale

consideration to defendant No. 2 as per agreed terms and

conditions of agreements after deduction of Rs. 26,33,831/-.

Defendant No. 1 and said Muhammad Sagheer Malik

approached the defendant No. 2 many a time and called upon to

perform her part of contract; obtain compilation certificate and

present documents for transfer of suit plot in favor of defendant

No. 1 however she lingered on the matter with one pretext or the

other. When defendant No. 1, in order to ascertain as to whether

defendant No. 2 had completed her documents including

completion certificate, approached concerned officials of

defendant No. 3 whereupon it transpired that suit plot has been

transferred in the name of plaintiff in the record of CDA through

letter dated 04-10-2011, although other formalities including

completion certificate had not completed. On acquiring the

knowledge of said fraudulent transfer which was in

contravention of prior sale agreements of Muhammad Sagheer

Malik and answering defendant, suit for Declaration and

cancellation of allotment of plaintiff wsa filed which is pending in

this honourable court.

3. Para No. 3 is concocted story hence denied vehemently. Detail

submission in this regard have been narrated in reply to

preceding para. Answering defendant No. 1 is in possession of

suit property in performance of above said sale agreements he

was never inducted as tenant.

4. Para No. 4 is correct to the extent that answering defendant No.

1 is possession of suit property. Rest of the para is denied

Answering defendant No. 1 is in possession of suit property in

performance of above said sale agreements.

5. Para No. 5 is denied in view of detailed submissions made above.

6. Para No. 6 is denied in view of submissions made above.

7. Para No. 7 is denied. Plaintiff has got no cause of action.

8. Territorial jurisdiction of this Honourable court is not denied.

9. Para No. 9 is denied.

 It is, therefore, respectfully prayed that suit of plaintiff may

graciously be dismissed.

Answering defendant

Through

MUHAMMAD ILYAS SHEIKH

ADVOCATE SUPREME COURT OF PAKISTAN

RAJA MUHAMMAD MAHATAB HAFEEZ-UR-REHMAN

Advocate Advocate High Court

Verification:
Verified on oath on ___ day of January 2015 that contents of paras of
this written statement are true and correct to the best of my knowledge
and belief and nothing has been concealed.

Answering defendant
IN THE COURT OF EISHAM ALAM CIVIL JUDGE, ISLAMABAD
(WEST)

Ranaz Hussain Versus Mumtaz khan

 SUIT FOR POSSESSION ETC

Petition UNDER ORDER XXXIX RULE 1 & 2 READ WITH SECTION

151 C.P.C

Written Reply on behalf of Answering Respondent

1. Para No.1 is correct regarding the filing of suit before this

Honourable Court.

2. Para No. 2 is denied vehemently. Petitioners have no prima facie

case.

3. Para No. 3 is denied vehemently.

4. Para No. 4 is denied vehemently. That bare perusal of the

contents of the plaint does not disclose cause of action against

the answering respondent/defendant hence there is no

possibility of suffering any irreparable loss by the petitioner.

It is therefore most respectfully prayed that the instant

petition may graciously be dismissed and the suit be tried on
merits.

Answering respondent

Through
 MUHAMMAD ILYAS SHEIKH
ADVOCATE SUPREME COURT OF PAKISTAN

IN THE COURT OF EISHAM ALAM CIVIL JUDGE, ISLAMABAD

(WEST)

Ranaz Hussain Versus Mumtaz khan

SUIT FOR POSSESSION ETC

Petition UNDER ORDER XXXIX RULE 1 & 2 READ WITH SECTION

151 C.P.C

Written Reply on behalf of Answering Respondent

AFFIDAVIT

I, _____________________________son of ___________________________,
resident of_______________________________________________________
do, hereby, solemnly affirm and declare as under:-

1. That instant written reply has been drafted under my instruction

and I adopt its contents as true and correct to the best of my

knowledge and belief.

2. That this affidavit may kindly be read as integral part of

accompanying written reply.

DEPONENT
VERIFICATION
Verified on Oath at Islamabad on this ___ day of ____ 2014 that contents
of affidavit are true and correct to the best of my knowledge and belief and
nothing has been concealed.

DEPONENT