IN THE COURT OF XIVTH SENIOR CIVIL JUDGE

WEST AT KARACHI
CIVIL SUIT NO. OF 2019

Muhammad Mehmood S/o

Muhammad Ahmed, Muslim,
Adult, R/o House No.4/C, Muraqaba,
Hall, Surjani Town, Karachi……………………………………Plaintiff.

Versus

1.Aijaz Azeem Randhawa S/o

Mehmood Hussain Randhawa,
Muslim, adult, R/o H.No.SB-8,
Block-F, Gulshan-e-Sarjani, Phase-2,
KDA Scheme 45, Near Khuda Ki Basti,
Surjani Town, Karachi.

2.Barkat Ali S/o Nazeer Ahmed,

Muslim, adult, R/o House No.
444, Sector-9, E/1, Saeedabad,
Baldia Town, Karachi…………………………………………Defendants.

SUIT FOR RECOVERY, MESNE PROFIT &

DAMAGES

The above-named Plaintiff most reverently

presents his submissions as under:-

1.That the Plaintiff is law abiding Citizen of

Islamic Republic of Pakistan.

2.That on 10.12.1993, the Plaintiff purchased two

plots bearing No.SB-6 and SB-7, measuring 400
Sq. Yards each, situated at Block-F, Phase-II,
Gulshan-e-Surjani, Deh Nagan Dad Muhammad
Village, KDA Scheme-45, Taiser Town, Karachi,
from Traditional Builders & Developers, and in
this respect the Plaintiff continuously paid
the cost of the said plots to the Builder of
the Project.

3.That since the year of 2003 when the Plaintiff

got the documents of aforesaid plots from the
Traditional Builders, the Plaintiff gradually
raised construction over the said plots, as the
Plaintiff was not financially strong to
construct the same in one stroke, therefore as
and when the Plaintiff was in a position to
construct the properties, he raised the
construction thereon.

4.That on 25-03-2008 during the construction

work, the Defendant No.1 & 2 along-with their
companions came and claims to be the owner of
said plots by showing some fake documents,
moreover, they gave threats of dire-
consequences to plaintiff for vacation of
properties, furthermore, during the
construction they (The Defendant No.1 & 2) paid
several visits at the said properties, and made
hurdles & obstacles in smooth construction work
on the said property by extending threats and
further they kept the plaintiff under pressure
& compelled to purchase the said properties
(Plot No.SB-06 & SB-7) from the Defendant No.1
otherwise they will not let the plaintiff to
raise construction upon the properties, thus,
as the Plaintiff is a noble person has no
links, approach and the only bread earner of
his family, eventually under such compelling
circumstances, the Plaintiff was entered into
two different Sale Agreements with Defendant
No.1 in respect of properties i.e. plots
bearing No.SB-6 and SB-7, measuring 400 Sq.
Yards each, situated at Block-F, Phase-II,
Gulshan-e-Surjani, Deh Nagan Dad Muhammad
Village, KDA Scheme-45, Taiser Town, Karachi,
to which were already been purchased by the
Plaintiff from the Traditional Builders in the
year of 1993 therefore, since the Plaintiff was
compelled to be entered into the Sale
Agreements by the coercive acts, thus, the same
were being caused without free consent of
Plaintiff, and in pursuance of Sale Agreement
Dated.6-6-2016 in respect of Plot No.SB-07 the
plaintiff paid the amount of Rs.15,50,000/- to
Defendant No.1 and the remaining amount of
Rs.10,00,000 out of Total Sale Consideration of
Rs.25,50,000/- was to be paid within 90 Days
and the same were also paid by the Plaintiff to
Defendant No.1, and in pursuance of Sale
Agreement Dated.25-12-2016 in respect of Plot
No. SB-06, in first stroke the Plaintiff paid
the amount of Rs.10,00,000/- out of Total Sale
consideration of Rs.28,00,000/- and in second
stroke the plaintiff paid 5,33,000 &
Rs.200,000/- but the Defendant No.1 did not
issue the receipt in this regard, hence the
Sale Agreements are liable to be cancelled and
in this regard the Plaintiff have already
sought their cancellation by filling of Civil
Suit bearing No.2430/2019 pending before the
XIVTH Senior Civil Judge West at Karachi. It is
pertinent to mention here that at the time of
lending of payment to Defendant, the sufficient
amount was lying in the account of Plaintiff.

(COPY OF SALE AGREEMENTS & BANK STATEMENTS

ARE ANNEXED HEREWITH & MARKED AS A, A/1 TO )

5.That the Plaintiff had filed a Civil Suit

No.1255 of 2018 to which was withdrawn by the
Plaintiff due to some legal Lacunas. It is
further submitted that the Defendant No.1 & 2
had filed their Written Statements in the said
suit, wherein the Defendant No.1 specifically
admitted the landing of payment of
Rs.15,50,000/- in respect of Plot No.SB-7 and
Rs.10,00,000/- in respect of Plot No.SB-06 paid
by the Plaintiff to Defendant.

(COPY OF ORDER DATED.03-09-2019 & WRITTEN

STATEMENTS IS ANNEXED HEREWITH & MARKED AS
B, B/1 & B/2)

6.That in the said Written Statement filed by

Defendant No.1 in the Civil Suit No.1255 of
2018, wherein the Defendant No.1, in order to
usurp the amount of Plaintiff, had taken the
plea to which is reproduce as under:-

a. That the Plaintiff and Defendant

entered into the Sale Agreement
Dated.06-06-2016 regarding the Plot
No.SB-07, against the Total Sale
consideration of Rs.25,50,000/- & part
payment Rs.15,50,000/- was paid to the
Defendant & the Remaining Sale
consideration of Rs.10,00,000/- were
decided to be paid by Plaintiff to the
Defendant within Ninety Days from the
Execution of Sale Agreement.
b. That the complete file of the said
Plot No.SB-7 was handed over to the
Plaintiff by the Defendant, thereafter
agreed time of Sale Agreement (Three
Months) the Defendant demanded the
remaining sale consideration of
Rs.10,00,000/- (Ten Lac) from the
Plaintiff, but the Plaintiff did not
pay the remaining sale consideration
and avoided to one pretext to another.

c. That thereafter the Plaintiff &

Defendant agreed to built a Mobile
Market on the Plot No.SB-07, and
executed Agreement Dated.24-11-2016,
wherein it was settled that the
Plaintiff & Defendant will construct
the Mobile Market with the name &
style of Bismillah Mobile Market on
said Plot and equally afford the
construction expenses as well as
profit will be equally distributed
amongst the Parties, thereafter the
Defendant started construction over
the Plot No.SB-07, and the receiving
sale consideration of Rs.15,50,000/-
from Plaintiff by the Defendant &
other amount of Rs.10,00,000/- was
expended on the construction of
Bismillah Mobile Market.

d. That the construction work was in

progress the Plaintiff & Defendant
decided to Sale out the Shops of
Bismillah Mobile Market amongst the
Public for which the proper
announcement was made and the people
of locality started to approach the
Plaintiff & Defendant, thereafter the
Plaintiff & Defendant booked two
shops.

e. That later on the Plaintiff became

dishonest and could not pay the
remaining sale consideration to the
Defendant and filed the Civil Suit
(Civil Suit No.1255 of 2018).
f. That Plaintiff being dishonest after
seeing the construction work & rates
of Bismillah Mobile Market, changed
his commitment and become dishonest
just to usurp the Bismillah Mobile
Market which is of defendant and the
construction of Bismillah Mobile
Market was agreed between the
plaintiff and defendant 50% 50% equal
share in which after expenditure of
total sale consideration the plaintiff
and defendant has to equally afford
the further construction charges but
the plaintiff showed his actual color
and infringed the above sale agreement
and not pay the remaining sale
consideration.

g. That the plaintiff became dishonest

and in collusion of Builder of the
project managed forged documents and
show himself to be an owner of said
plots, and the Bismillah Mobile Market
was constructed by the Defendant.

h. That the Defendant being property

consultant so also entered into an
agreement with the Plaintiff in
respect of Plot No. SB-6, measuring
400 Sq. Yards each, situated at Block-
F, Phase-II, Gulshan-e-Surjani, Deh
Nagan Dad Muhammad Village, KDA
Scheme-45, Taiser Town, Karachi,
against the Total sale consideration
of Rs.28,00,000/- and out of which the
Plaintiff paid of Rs.10,00,000/- as
part payment in cash to the Defendant
and for which the Defendant issued the
receipt to the Plaintiff & executed
Sale Agreement dated.25-12-2016, and
the receiving sale consideration of
Rs.10,00,000/- from the Plaintiff was
handed over to the Defendant No.2, and
thereafter the Plaintiff could not pay
the remaining sale consideration and
on 19-09-2017 the received part
payment was returned to the
Traditional Builders & Developers in
its account on the verbal saying of
Plaintiff, hence no amount was left
towards Defendant No.1 & 2.

7.That in the earlier suit, the plea taken by the

Defendant No.1 in his Written Statement which
is mentioned in Para No. a to h of this plaint,
are false, concocted.

8.That the Defendant No.1 namely Aijaz Azeem

Randhawa has managed the fake & bogus Agreement
Dated.24-11-2016 pertains to suit property
plot bearing No.SB-7, measuring 400 sq. Yards,
situated at Block-F, Phase-II, Gulshan-e-
Surjani, Deh Nagan, Daad Muhammad Village, KDA
Scheme-45, Taiser Town, Karachi for
construction of Bismillah Mobile Market on
equal distribution of share from profit
thereon. It is further submitted that the
Defendant No.1 was/is continuously harassing
the plaintiff by showing the said fake & bogus
Agreement, hence the same Agreement is also
liable to be cancelled and the
Plaintiff has filed a separate suit for its
cancellation. It is further submitted that the
Plaintiff was/is never ever entered into any
sort of said Agreement in respect of suit
property (Plot No.SB-07) for construction of
Bismillah Mobile Market on equal share of 50%
50%, to which otherwise the real facts are that
after purchasing the suit properties (Plot
No.SB-6 & SB-07) from Defendant No.1 in
compelling & coercive circumstances as
discussed supra, the Plaintiff again continued
the construction over the suit properties, as
the Plaintiff envisioned to construct the
Bismillah Mobile Market over the Suit Property
(Plot No.SB-07) but the hardships & obstacles
were faced by the Plaintiff in order to bring
basic necessities such as, water lines gas &
electricity connections, so also the
construction material & skill-full labor over
the Plot SB-07 for the speedy construction of
Bismillah Mobile Market, as the Plot No.SB-07
is situated in the remote area & as mentioned
above that the plaintiff is not resourceful
person having no contacts, so, during the said
envisions & imaginations of plaintiff for
construction of Bismillah Mobile Market, as the
same work was too laborious in order to
complete Bismillah Mobile Market, thus, in the
month of November, 2016 the Defendant No.1 came
into contact with Plaintiff & during the casual
conversation between them, the Plaintiff
disclosed his visionary project to Defendant
No.1, whereupon, the Defendant No.1 assured
that he will construct the Bismillah Mobile
Market on the basis of monthly commission of
Rs.20,000/- Per Month, and the construction
expenses will be borne by the Plaintiff, after
such settlement, on 22-11-2016 the construction
was started by the Defendant No.1 as per Oral
settlement, and during the course of said
construction, the Plaintiff, gradually used to
give the construction expenses along—with the
commission to Defendant No.1 which comes to the
tune of Rs.31,20,000/- and the bill invoices &
the receipts were maintained by the Defendant
No.1, who used to keep them with himself,
thereafter the construction was halted due to
involvement of local police as they demanded
bribe, and in this regard the Plaintiff moved
the complaint against the SHO Surjani Town, and
when the construction work was halted, the
Defendant No.1 issued a combined/consolidated
statement of expenses expended upon Bismillah
Mobile Market and the same combined statement
bears the signature of Defendant No.1.

(COPY OF FAKE AGREEMENT DATED.24-11-2016,

DAILY EXPENSES SHEETS, COMBINED STATEMENT,
PHOTOGRAPHS & COMPLAINTS ARE ANNEXED
HEREWITH & MARKED AS G & G/1 TO G/13)

9.That while construction was being done over the

Plot No.SB-07 for the construction of Bismillah
Mobile Market, the Plaintiff had starte
d the marketing of the Bismillah Mobile Market,
and in this connection, the Plaintiff prepared
the Letter Heads, Visiting Cards, Banners,
Stamps for advertisement & booking of Bismillah
Mobile Market.

(COPY OF LETTER HEAD & VISITING CARD &

BOOKING FORMS ARE ANNEXED HEREWITH & MARKED
AS H & H/1 TO H/6)

10. That in the wake of such advertisement &

marketing of Bismillah Mobile market, three
Shops were booked by three individuals namely
(1) Ubaid S/o Abdul Rasheed Shop No.B/9 (2)
Muhammad Zeeshan S/o Muhammad Usman Baig Shop
No.B/1 (3) Muhammad Shahid S/o Ameer Baig Shop
No.B/2, the booking amount was received by the
Plaintiff, who subsequently invested the same
in construction work of Bismillah Mobile Market
through Defendant No.1. It is pertinent to
mention here that the Booking of one Shop
No.B/9 was cancelled and the received amount of
Rs.1,60,000/- was returned to the Ubaid by the
Plaintiff being Owner, Authorized & Accountant
of Bismillah Mobile Market.

(COPY OF BOOKING FORMS, RECEIPTS &

CANCELLATION LETTER OF SHOPS ARE ANNEXED
HEREWITH & MARKED AS I & I/1 TO I/10)

11. That the Bisimillah Mobile Market was

constructed solely on the expenses of
Plaintiff, the defendant No.1 has no nexus and
the plea taken by the defendant No.1 as to the
construction of Bismillah Mobile Market on
equal profit and expenses is being false.

12. That the defendant No.1 has also taken one

more false plea as to the return of
Rs.10,00,000/- to builder of project on verbal
request of plaintiff is being false, to which
otherwise the plaintiff landed the same amount
to defendant No.1 and he himself admitted the
same in his previous written statement and the
plaintiff did not make any verbal request for
return of said amount to builder of project.

13. That defendant No.1 had received the

amount of Rs.15,50,000/- by virtue of sale
agreement dated 06.06.2016 and the amount of
Rs.10,00,000 by virtue of Sale Agreement dated
25.12.2016, and since the same sale agreements
were made through the coercive acts therefore,
the plaintiff sought a separate cancellation in
this regard and the defendant is liable to
return the said admitted consideration of sale
agreements, and in this regard the Plaintiff
sent a Legal Notice to the Defendants, but all
in vain, hence this Suit for Recovery.

(COPY OF LEGAL NOTICE DATED.05-12-2019 IS

ANNEXED HEREWITH & MARKED AS )

14. That the cause of action arisen to

plaintiff against defendants firstly on
06.06.2016 when the plaintiff was compelled to
enter into a Sale Agreement with Defendant No.1
in respect of property i.e Plot No.SB-07,
Secondly on 25-12-2016 when the plaintiff was
compelled to enter into a Sale Agreement with
Defendant No.1 in respect of property i.e Plot
No.SB-06, thirdly when the plaintiff gave the
payment to Defendant No.1 & lastly on 05-12-
2019 when the Plaintiff served a Legal Notice
towards Defendants, hence the cause of action
is continuing one.

1.That the Defendants are ordinary resident of

above-mentioned address to which comes within
the territorial jurisdiction of POLICE STATION
SURJANI TOWN.

15. That the prescribed Court Fee is affixed

herewith.
16. That this Honorable Court has jurisdiction
to try and entertain the instant suit as it is
maintainable under the scheme of law.

PRAYER

It is, therefore, beseech that this Honorable

Court may be pleased to pass Judgment & Decree in
favor of plaintiff and against the defendants as
follow:-

a.To Direct the Defendant No.1 return the amount

of Rs.15,50,000/- & Rs.10,00,000/- to
Plaintiff, as such , the Defendant No.1 was
received the said amount from Plaintiff by
virtue of Sale Agreements Dated 06-06-2016 &
Dated.25-12-2016 in respect of Plots i.e plots
bearing No.SB-6 and SB-7, measuring 400
sq.Yards each, situated at Block-F, Phase-II,
Gulshan-e-Surjani, Deh Nagan, Daad Muhammad
Village, KDA Scheme-45, Taiser Town, with
markup at the rate of current inflation in
accordance with the State Bank of Pakistan.

b.Grant any other relief or reliefs to which this

Honorable Court may deem proper and fit in the
attending circumstances.

c.Grant the cost of the suit.

PLAINTIFF

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF
VERIFICATION

I, Muhammad Mehmood S/o Muhammad Ahmed,

Muslim, adult, resident of Karachi, do hereby
verify and state on Oath that whatever sated
above is true and correct to the best of my
knowledge and belief.

DEPONENT
The above-named deponent is identified by me

ADVOCATE
IN THE COURT OF XIVTH SENIOR CIVIL JUDGE
WEST AT KARACHI
CIVIL SUIT NO. OF 2019

Muhammad Mehmood…………………………………………………………………Plaintiff.

Versus

Aijaz Azeem Randhawa & another…………………………Defendants.

LIST OF LEGAL HEIRS

1. Muhammad Qaiser (Brother)

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF
IN THE COURT OF XIVTH SENIOR CIVIL JUDGE
WEST AT KARACHI
CIVIL SUIT NO. OF 2019

Muhammad Mehmood…………………………………………………………………Plaintiff.

Versus

Aijaz Azeem Randhawa & another…………………………Defendants.

LIST OF DOCUMENTS

The documents attached with memo of plaint.

Any other documents and/or piece of evidence, if

any necessary for just decision of suit.

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF
IN THE COURT OF XIVTH SENIOR CIVIL JUDGE
WEST AT KARACHI
CIVIL SUIT NO. OF 2019

Muhammad Mehmood…………………………………………………………………Plaintiff.

Versus

Aijaz Azeem Randhawa & another…………………………Defendants.

LIST OF WITNESSES

The list of witnesses shall be filed after

settlement of issues.

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF
IN THE COURT OF XIVTHE SENIOR CIVIL JUDGE
WEST AT KARACHI

Civil Suit No.1255 of 2016

Muhammad Mehmood…………………………………………………………………Plaintiff.

Versus

Traditional Builders & Others……………………………Defendants.

APPLICATION U/S 151 OF CPC

It is most reverently implored on behalf above-

named plaintiff that this Honorable Court may be
pleased to pass an Order & whereby to return the
Original Paper of Court Fee to Plaintiff, and the
Plaintiff further, may please be allowed to affix
the same Original Paper of Court Fee with the memo
of plaint of subsequent (Fresh Suit). It is,
therefore, beseech for ample consideration of this
Application in the larger interest of justice,
equity & fair-play.
Prayed Accordingly

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF
IN THE COURT OF XIVTHE SENIOR CIVIL JUDGE
WEST AT KARACHI

Civil Suit No.1255 of 2016

Muhammad Mehmood…………………………………………………………………Plaintiff.

Versus

Traditional Builders & Others……………………………Defendants.

AFFIDAVIT

I, Muhammad Mehmood S/o Muhammad Ahmed, Muslim,

adult, R/o Karachi, do hereby state on Oath as
under:-

1.That I am deponent herein & being Plaintiff in

the above-noted matter, as such, I am fully
conversant with the facts to which I am
deposing.
2.I say that the accompanying application U/S 151
CPC has been drafted & filed under my specific
instructions.
3.I say that for the sake of brevity the contents
of accompanying application may please be
treated as part & parcel of this affidavit.
4.I say that until & unless the accompanying
application may please be allowed, I shall
bound to suffer an irreparable loss.
5.That whatever stated above is true & correct to
the best of my knowledge & belief.

DEPONENT