IN THE COURT OF 9th SENIOR CIVIL JUDGE, EAST

KARACHI
FC Suit No……..of 2024

Nasreen Mustajab, Widow of Mustajab Ashraf Sheikh,

Adult, Muslim, R/o House No: R-1415, Block 8,
Ground floor, Aziz Abad, FB area Karachi,
Through her power of attorney,

Muhammad Hassan, S/O Sayed Muhammad Kafeel,

Adult, Muslim, R/o House# A-139, Block-08, Gulistan-e-jauhar,

Scheme 36, Karachi. ………………….PLAINTIFF

Versus

1. Husnain Rizvi.

2. Arshad Ali.

3. Ahmed Ali.

4. Akbar Ali.
All are Muslim, Adult, Resident/illegal occupants of
Plot, A-12,Block 10, Opposite Imam Bargah Haider e Karar,
Chisti Nagar, Gulistan-e-jauhar, KDA scheme 36 Karachi.

5. Director Land Management,

KDA, Civic Centre, Gulshan-E-Iqbal,

Karachi.
6. Secretary Land Utilization Department Sindh.
7. Board of Revenue Sindh.
8. Deputy Commissioner (East).
9. Province Of Sindh,
Through, Secretary Interior Government of Sindh,
Sindh Secretariat, Karachi. ……………………DEFENDANTS
SUIT FOR DECLARATION, POSSESSION, MESNE
PROFITS, MANDATORY AND PERMANENT
INJUNCTION.

RESPECTFULLY SHEWETH:

1. That, the plaintiff is a law-abiding and peace-loving citizen of

the state. They have been endowed with certain fundamental
rights as envisaged under the Constitution of the Islamic
Republic of Pakistan, 1973.

2. That, the addresses of the parties are sufficient for the purpose
of serving summons, etc.

3. That, the brief facts of the case are that, the property in
question is Plot No. A-12, Block 10, Gulistan-e-jauhar, KDA
Scheme 36, which measures about 300 square yards and is
located in Karachi. This property, referred to as the "Suit Plot"
was under the control and supervision of defendant No. 05.

4. That, in 1981, during the inauguration of Scheme 36, the suit

plot was initially allotted to Ramzan Ali Merchant through
allotment No. 991/NS/HF/358 on May 5, 1981, and possession
was handed over via possession order No. 0098/796 on 11th
July 1984, and paid all the dues in respect of suit plot against
valid challan and site plan was issued to him [Copies of
Allotment/possession order are Annexed as A1 & A2 and
Challans and Site plan as B1 & B2].

5. That, later on, the suit plot was transferred to the Muhammad
Younus Patel through transfer/mutation order No.
CM/36/3103/L on dated 27/12/2006, by payment of mutation fee
through valid challan. [Copies of transfer/mutation order
and provisional challan are Annexed as C1 & C2].
6. That, currently, the said plot was transferred in the name of the
plaintiff by Muhammad Younus Patel through his power of
attorney, Mustajab Ashraf Shaikh. The plot was transferred via
mutation application No. 1/14084 dated 15-06-2010.[Copy of
mutation order issued by Land Management Defunct KDA
is attached as Annex D, and copy of power of attorney
and newspaper is attached as D1 & D2].

7. That, since the inception of Scheme 36, the land has been
subjected to encroachment through land grabbing facilitated by
high-ranking officials. As a result, it has been the subject of
multiple legal disputes in the High Court and Supreme Court,
which were ultimately decided in favor of the rightful allottees of
KDA Scheme 36 in Gulistan-e-Johar, Karachi. Some of the
references are orders passed by the Honouarable Supreme
Court in Suo Moto case No. 06 of 2011 as well as orders
passed by the High Court in C.P No. 2003 of 2008, and
judgments cited as PLD 2020 Sindh 451 & 2020 MLD
1239.

8. That, later on attempts were made to convert Gulistan-e-

jauharScheme 36 into Chisti Nagar Gothabad Scheme under
Sindh Gothabad (Housing Scheme) Act 1987 along with rules
2008 which was later on challenged in High-Court through
C.P.No. D-3902 0f 2014 and C.P.No. D-5456 of 2016 and
declared null and void by honourable high court in its judgment
of above-mentioned petitions on dated 06-10-2021. [Copy of
judgment is attached as Annex-E].

9. That, in March 2023, it was discovered that defendant No. 01 to

04 had created and managed fake documents related to suit
plot. They also illegally took possession of the suit plot, which is
owned by the plaintiff, by associating it with an illegal project
known as Gothabad, Chishti Nagar Project. This project had
already been declared null and void by the honourable apex
courts in aforementioned judgments.
10. That, when it came to the knowledge of the plaintiff about the
illegal occupation on the suit plot by defendants No. 01 to 04, the
plaintiff went to the plot with her other family members. When
she arrived at the plot, she saw defendants No. 01 to 04 and
some unknown individuals with dangerous weapons. When she
inquired about their illegal occupation of her plot, they denied her
ownership and claimed the plot as their property.

11. That, even it had communicated to the defendant No.01 to 04

that though defendant No.05 has already confirmed the plaintiff’s
legal ownership of the said plot in there Developed KDA Scheme
36 situated at Deh Okewari and Deh Safooran under land 2000
acres allotted by defendant No.06, and the defendant No.07 vide
its letter bearing # LU-11/76-G (K)-1/20 dated May, 28, 1977.
Duly endorsed by them, then by Defendant No.08 vide letter #
ROV /3391/90 dated Dec, 13, 1990. And Developed by K.D.A
under announcement of notification under article 45 of KDA order
1957 (President’s Order 5 of 1957) vide notification no F-6-3/78
reg /KDA 2377 dated: 07-12-1978 and same was published
including boundaries of block 10, KDA Gulistan e Jauhar in widely
circulated newspapers. Which was then Sold to the General Public
for residential use and to Ramzan Ali Merchant which was later
transferred to the plaintiff. [Copy of letters is
attached as Annex-F]

12. That, the plaintiff has been approaching defendants No. 01 to 04

regarding the payment of Mesne profits at the rate of Rs. 20,000
since March 2023. She has also requested the defendants for the
removal of their illegal occupation over a specific plot. However,
the defendants have not responded positively and have refused
to leave the possession of the plot on dated 12 September
2023. Additionally, they have threatened to hand over the
possession of the plot to a dangerous stranger in exchange for
money.
13. That, the defendant no 01 to 04 without their legal right title
and Justified Cause retained the possession of the suit plot of the
plaintiff which is liable to be delivered back to her and they are
also legally bound to pay the Mesne profit at the above
rate to plaintiff.
14. That, the defendants No. 1 to 4 have acted illegally and their
actions are not valid. The plaintiff is worried that without a court
order, the defendants may transfer a plot to criminal individuals.
This is why the plaintiff is filing this lawsuit to restrain them from
transferring the suit plot to some other criminal persons, by way
of mandatory injunction.

15. That, the cause of action has accrued to the plaintiff to file this
suit firstly when defendants no 01 to 04 on March 2023 have
illegally and unlawfully occupied the suit plot of the plaintiff,
secondly, on 12th September 2023, when plaintiff approached to
the defendant No.01 to 04 for claiming her Mesne profit and
possession of her suit plot, but they flatly refused to do so,
thirdly on 13th August 2024, when the plaintiff wants to resolve
the matter amicabily as such before this she served legal notices
to defendant No.01 to 04, but no avail, and the same is
continuing day by day till today within the Jurisdiction of this
Honourable Court. [Copy of Legal Notice and TCS Receipt
are attached as Annex G & G1]

16. That, the defendant No. 09 is formal party in the suit being
superior of remaining official defendants.

17. That, the maximum court fee stamps worth of Rs:15000/= for
the purpose of the institution of suit, but at present the plaintiff
is under severe financial crises, as such unable to pay court fee
for which a seprate application is filed under section 149 read
with section 151 of CPC herewith for the enlargement of the time
for the payment of court fees.

PRAYER
In consideration of the aforementioned facts, circumstances and
grounds it is respectfully requested before this honorable court that
the plaintiff's suit be adjudicated with a judgment and decree as
follows:"

a) To declare that the defendants no 01 to 04 are in illegal,

unlawful and un-authorized possession over the suit plot
of plaintiff upon which they have no any legal right and
title thus they are liable to be dispossessed from the suit
plot.
b) To direct the defendant No.01 to 04 to deliver the
possession of the suit plot to the plaintiff.

c) To direct the defendant No:01 to 04 to pay the Mesne

profit at the rate of Rs. 20,000/= per month and also to
pay future Mesne profit at the same above rate with
increased/ enhanced amount of 25% per year till delivery
of possession of suit plot to plaintiff since March 2023.

d) To issue permanent injunction against the defendants No.

01 to 04 to restrained from delivery of possession of suit
plot to any other person except to plaintiff, and may also
be restrained from creating third party interest of any
sort in the suit plot directly or indirectly in any manner
whatsoever.

e) cost of the suit be awarded in favor of plaintiff.

f) Any other relief which this Honourable Court deems fit

proper be granted in favor of plaintiff under the
circumstances of the suit.

KARACHI PLAINTIFF

DATED:……./10/2024
VERIFICATION

I, Muhammad Hassan, S/O Sayed Muhammad Kafeel, Adult, Muslim,

R/o House# A-139, Block-08, Gulistan-e-jauhar, Scheme 36, Karachi.
do hereby verify on oath this……day of October 2024. That, whatever
stated above is true and correct to the best of my knowledge and
belief.

DEPONENT

DOCUMENTS FILED:

PSC of:-
1. Copies of the Allotment/possession order are and Challans and
Site plan.
2. Copies of transfer/mutation order and provisional challan.
3. Copy of mutation order issued by Land Management Defunct
KDA, copy of power of attorney and newspaper.
4. Copy of judgment in C.P.No. D-3902 0f 2014 and C.P.No. D-5456
of 2016.
5. Copy of letters issued by the board of revenue, commissioner
and deputy commissioner.
6. Copy of Legal Notice and TCS Receipt.

DOCUMENTS RELIED UPON:

a) Original /attested copies of the above.

b) Any other relevant document/ record.

List of legal heirs:

a) …………………

b) …………………
IN THE COURT OF 9th SENIOR CIVIL JUDGE, EAST
KARACHI
FC Suit No……..of 2024

Nasreen Mustajab Versus Hussain Rizvi & Others

APPLICATION UNDER ORDER 39 RULE 1&2 of

C.P.C
It is prayed that this honourable Court may kindly be pleased to grant
temporary/ad interim injunction against the defendants No. 01 to 04
may be restrain from delivery of the possession of suit plot to any
other person except to plaintiff. The defendants No. 01 to 04, may
also be restrain from creating third party interest of any sort in the
suit plot by themselves or through their any agent, attorney, relative,
friend, supported, Welwisher, employ/subordinate any lawful enforcing
agency, assignees, successor and anybody else directly or indirectly in
any manner whatsoever till final disposal of the above suit on
consideration of the grounds as mentioned in the accompany affidavit

Prayer is made in the larger interest of justice

KARACHI APPLICANT

DATED:……./10/2024
IN THE COURT OF 9th SENIOR CIVIL JUDGE, EAST
KARACHI
FC Suit No……..of 2024

Nasreen Mustajab Versus Hussain Rizvi & Others

AFFIDAVIT
I, Muhammad Hassan, S/O Sayed Muhammad Kafeel, Adult, Muslim,
R/o House# A-139, Block-08, Gulistan-e-jauhar, Scheme 36, Karachi,
Power of attorney holder of this case do hereby affirms on oath as
under;

1. That, I am power of attorney holder of the plaintiff in the above-

titled case hence well conversant with the facts of the case.

2. That, the accompanying application U/O 39 Rule 1&2 of CPC has

been drafted under directions by me, contents of which are true
and correct and may be treated as part and parcel of this
affidavit.

3. That, if the injunction is not granted the very purpose of filing

the instant suit will be defeated.

4. That, I have got a strong and prima facie case for grant of
interim injunction.

5. That, the balance of convenience also lies in my favour.

6. That, if the interim injunction is not granted as prayed, then I
shall suffer irreparable loss and seriously prejudiced, (i.e) civil
injury.

That, it would be just and proper and in the interest of the justice that
if the accompanied injunction application is allowed as prayed but on
the contrary if decline to grant of application, I shall be adversely
affected and highly prejudiced and the very purpose of the suit shall
be frustrated.

KARACHI DEPONENT

DATED:……./10/2024

IN THE COURT OF 9th SENIOR CIVIL JUDGE, EAST

KARACHI
FC Suit No……..of 2024

Nasreen Mustajab Versus Hussain Rizvi & Others

APPLICATION UNDER SECTION 149 READ WITH

SECTION 151 of C.P.C
It is respectfully prayed on behalf of the plaintiff that this honourable
court may be pleased to extend the time for depositing the court fee,
on consideration of the facts and grounds disclosed in the
accompanying affidavit.

This prayer is made in the large interest of justice.

KARACHI APPLICANT

DATED:……./10/2024
IN THE COURT OF 9th SENIOR CIVIL JUDGE, EAST
KARACHI
FC Suit No……..of 2024

Nasreen Mustajab Versus Hussain Rizvi & Others

AFFIDAVIT
I, Muhammad Hassan, S/O Sayed Muhammad Kafeel, Adult, Muslim,
R/o House# A-139, Block-08, Gulistan-e-jauhar, Scheme 36, Karachi,
Power of attorney holder of this case do hereby affirms on oath as
under;

1. That, I am power of attorney holder of the plaintiff in the above-

titled case hence well conversant with the facts of the case.
2. That, the accompanying application under section 149 read
with section 151 of C.P.C has been drafted and moved under my
instructions, contents of which having been read over and
explained to me in my mother tongue are true and correct and
may be treated as part and parcel of this affidavit for the sake of
brevity and convenience.
3. That, at present I am in deep financial crises and unable to pay
the court fee.
4. That, I am ready to deposit the court fee as desired by this
honourable court, but for the time being I may be exempted
from paying the court fee till my financial position limp back to
normalcy.
5. That, unless the accompanying application is allowed, I will
suffer irreparable loss and injury.
6. That, the grant of the accompanying application will foster the
ends of justice.

That whatever is stated above is true and correct to the best of my

knowledge and belief.

KARACHI DEPONENT

DATED:……./10/2024