AMENDED PLAINT

IN THE COURT OF SHAFQAT SAEED GONDAL, CIVIL JUDGE,

RAWALPINDI.

Ch. Gulzar Khan son of Fazal Din Resident of House No. 26-B Lalazar,

Colony, Rawalpindi Cantt.

Plaintif

VERSUS

1. Muhammad Sabir Hussain (Deceased) S/O Fazal Din

1.(A) Mst. Munir Fatima Widow

1.(B) Umair Sabir

1.(C) Hassan Sabir Sons

1.(D) Mst. Tanveer

1.(E) Mst. Saima Sabir

 1.(F) Mst. Salma Sabir Daughters

1.(G) Mst. Saria Sabir

1.(H) Mst. Rabia Basri

2. Muhammad Sadiq Son of Fazal Din

3. Taj Bibi (Deceased) Daughter of Fazal Din
3(A). Rubeena
3(B). Sameena
3(C). Jabeen
3(D). Nasreen
3(E). Nasirah
4. Razia Bibi Daughter of Fazal Din
5. Ghulam Fareed
6. Ghulam Waheed
7. Abdul Rahman
8. Sajida Parveen
9. Nahida Shaheen
10. Nazia Mehrban
11. Bushra Mehrban Sons and daughters of Mehrban Khan (Late)
12. Tahzeem
13. Abdul Raheem
14. Gul Bahar
15. Ghulam Hussain
16. Tariq
17. Amjad Naseem
18. Ghazala Sons and Daughters of Mst. Riasat Jan (Late)
19. Ghazala
20. Jannat Bibi Sons & Daughters of Nayaz Ali
21. Sarwar Jan w/o Fazal Din (Deceased)
22. Hameeda Khan d/o Sikandar Shah
23. Yasmeen Khan d/o Sher ul Zaman Khan
24. Muhammad Basheer s/o Fazal Khan
25. Muhammad Munir s/o Lal Khan
26. Ghulam Sabi s/o Lal Khan
27. Maqsood Jan niece of Fazal Din.
All Residents Tulsa Hardoo, Tehsil and District Rawalpindi.
28. Nasir Rasheed s/o Abdul Rasheed Resident of House No.

1000A/3, Street No. 9 Afshan Colony, Dhoke Choudharian,

Rawalpindi.
Defendants

SUIT FOR PARTITION AND DECLARATION INJUNCTION

Respectfully Sheweth:-
1. That plaintiff is co-owner in land measuring 5 Kanal bearing

Khasra No. 749, Khata No. 1/1, land measuring 24 Kanal 7

Marals bearing Khasra No. 822, Khata No. 4/7 and land

measuring 9 Kanal 12 Marlas bearing Khasra No. 869 Khata No.

5/8 situated in Mauza Tulsa Hadroo, Road Tehsil & District

Rawalpindi, as per record of rights for the year 2007-2008, along

with defendants as per their respective shares as mentioned in

the said copy of Record of Rights which may kindly be read as

integral part of the plaint.

1A. That the defendant No. 3 Taj Bibi and Defendant No. 21 Mst.

Sarwar Jan has been died. Their legal heirs has been arrayed as

defendants 3A to 3E B and legal heirs of defendant No. 21 has

already been party to the instant suit.

1B. That defendant No.1 Sabir Hussain has been died and his legal

heir has been arrayed as defendants No. 1(A) to 1(H) under the

orders of this Honorable court.

2. That the Mst. Sarwar Jan was also co-owner in the above said

land who died leaving behind four sons and three daughters,

plaintiff defendants 1 and 2 Taj Bibi, Mst. Razia Bibi and Rayast

Jan, and Mehrban Khan her share in suit land was devolved

upon them in accordance with their respective share according

to sharia. Which was further devolved upon the legal heirs of

deceased Mehrban Khan on his death.

3. That the above said land is joint between the parties and has not

been partitioned by metes and bounds. The suit land is located

of Abadi and it has lost its character as that of agriculture land.

It is neither being used for agriculture purposes nor subservient

to agriculture purposes. It has assumed the character of

residential / commercial character.

4. That Nasir Rasheed defendant No. 28 got executed sale deed

in respect of land measuring 3 Kanal, 4 Marlas out of Khasra

No. 859, kheivet No. 5/8 (previous Khata No. 4/8) from Mst.

Razia Begum daughter of Fazal Din wife of Muhammad Hafiz,

Muhammad Sadiq son of Fazal Din and Mst. Muhalah Bibi

alias Taj Bibi in his favor through registered sale deed bearing
No. 875 dated 24-02-2007 along with other land from various

Khewats. However he wants to occupy the suit land without

getting it partitioned by metes and bounds and further wants

to change the nature thereof and raise construction thereon

and to alienate the same with specific boundaries and

dimensions. It is relevant to mention here that plaintiff filed

suit for permanent injunction titled Ch. Gulzar Khan etc Vs

Mst. Sarwar Jan etc. Regarding suit land along with other

Khasra Nos. Wherein the defendants in the said got recorded

their statement to the effect that they would not alienate

better portion or would not raise construction till partition

and would not hand over possession to third person. However

above mentioned defendants sold land from Khasra No. 859

through registered sale deed to Nasir Rasheed intend to

deliver the possession of specific portion of suit land which is

illegal. Nasir Rasheed defendant being purchaser from above

mentioned vendor is bound by the statement regarding Suit

land dated 12-5-1992 made before Mr. Tahir Naeem Civil

Judge Rawalpindi and has got no lawful authority to occupy

any specific portion of suit land or to raise construction there

on or to change the nature thereof or to alienate the same

 with specific boundaries and dimensions in case they are not

restrained from their illegal acts then the plaintiff shall suffer

irreparable loss.
5. That plaintiff earlier filed Suit for Declaration ect, titled Ch.

Gulzar Khan VS Muhammad Sabir etc, since the instant suit

for partition has been filed the plaintiff will withdraw the said

suit.
6. That the cause of action is recurring one.
7. That the subject matter of the suit for purpose of court fee

and jurisdiction is fixed at Rs. 20,000/-.

8. That the suit land is situated at Rawalpindi, so this

Honorable Court has jurisdiction to entertain the suit.

Prayer:-

It is respectfully prayed that the decree for separate

possession by partition in respect of plaintiffs share, fully

described in records of rights copy of which is annexed with

the plaint as detailed in body of the plaintiff or permanent

injunction restraining the defendants from changing the

nature of the suit land or raising construction over the suit

land in any manner what so ever or occupying any better

located specific partition of the suit land or from alienating

the suit land with specific boundaries or dimensions, kindly

 be passed in favor of the plaintiff as against the defendants

with cost, any other relief which this Honorable Court deem

just an appropriate may also be granted.

Plaintif
Through

MUHAMMAD ILYAS SHEIKH

ADVOCATE SUPREME COURT OF PAKISTAN

Verification:-

Verified on oath at Rawalpindi on this ______ day of ______that contents of plaint are

true to best of my knowledge and belief and nothing has been concealed or

exaggerated thereof.

Plaintif