IN THE LAHORE HIGH COURT, LAHORE.

C.R. NO.___________________/18.

MEMO OF PARTIES.

1. Tariq Mehmood
2. Arshad Mehmood
3. Najma Bibi
4. Nazia Bibi
5. Shazia Hurmat
6. Tahira Hurmat
7. Aamna Bibi
Sons, daughters and widow of Hurmat Khan R/o Kotly
Noshehra Tehsil Daska District Sialkot.

……..Petitioners.

VERSUS

1. Muhammad Mushtaq (deceased) through legal heirs

1A. Usman

1B. Imran

1C. Abbas

1D. Rizwan

1E. Naveed

1F. Ashfaq

1G Ammer
1H Tasleem

1I Mst. Kalsoom

1J Mst. Bano

1K Fatima

1L Majeedan

Sons, daughters and widow of Muhammad Mushtaq R/o

Kotly Noshehra Tehsil Daska District Sialkot.

2. Sultan Ahmad S/o Dhandal Khan R/o R/o Kotly Noshehra

Tehsil Daska District Sialkot.
3. Kapoori Begum deceased through (3A) Rehmat Khan
deceased son through (3A1) Khalid (3A2) Abid (3A3) Sakina
(3A4) Sugaran (A5) Salma (A6) Khalida daughters R/ R/o
Kotly Noshehra Tehsil Daska District Sialkot.
(3b) Allah Rakhi daughter of Dhandal Khan R/o Kotly
Noshehra Tehsil Daska District Sialkot. (3c) Hoora Bibi
deceased through (3c1) Liaqat (3c2) Zahid (3c3) Shahid
(3c4) Javed (3c5) Shafique (3c6) Shamim (3c7) Balques
(3c8) Riza (3c9) Zenat) (3c10) Shafique son, daughters and
widow of Shafique R/o Chakoki Tehsil Pattoki District Kasur.
4. Muhammad Aslam S/O Chandar Khan R/o R/o Kotly
Noshehra Tehsil Daska District Sialkot.

…….Respondents

PETITOIINER.
Through Counsel.

SHAHID SHAUKAT CH.

Advocate Supreme Court,
33100-8630639-1

CH. AYUB GUJJAR

Advocate High
107 First Floor Atif Centre
01-Turner Road Lahore.
IN THE LAHORE HIGH COURT, LAHORE.

C.M.NO.______________________/18.

IN

C.R. NO._____________________/18.

Tariq Mehmood etc. VERSUS Muhammad Mushtaq etc.

Petition U/O 39 R 1 &2 and U/S 151 C.P.C read with all
other enabling provisions for issuance of temporary
injunction.

AFFIDAVIT.

I. Tariq Mehmood S/O Humrmat Khan R/o Kotly

Noshehra Tehsil Daska District Sialkot.

, do hereby solemnly affirm and declare as under,

that the contents of accompanying application are true and

correct to the best of my knowledge and belief and nothing has

been concealed.

DEPONENT.

VERIFICATION:

Verified on Oath at Lahore on this day __________________

that the contents of above affidavit are true and correct to the
best of my knowledge and belief and nothing has been concealed
therefrom.

DEPONENT.
RESPECTFULLY SHEWETH,
1. That brief facts of the case are that petitioners filed a suit

for specific performance on the basis of exchange

agreement on 01-02-2006 wherein respondents submitted

their written statement denying execution of the exchange

agreement. It was further pleaded that respondent NO. 1 to

3 had sold the land to respondent NO. 4 vide registered sale

deed No. 432 dated 04-01-2003. Issued were framed and

evidence of both the parties was recorded and the suit was

dismissed on 31-01-2013. Copy of plaint is attached as

Annexure-A.

2. That respondents filed contesting written statement denying

execution of the said exchange agreement. For kind perusal

copy of written statement are attached as Annex…...”B”.

3. That out of the divergent pleadings of the parties, learned

Trial court framed following issues.

Issues:

1. Whether the plaintiffs are entitled to a decree for

declaration, along with cancellation of sale deed
dated 4-1-2003 and permanent injunction as
consequential relief regarding the disputed
property as prayed for? OPP.
2. Whether the sale deed dated 4-1-2003 being
illegal and malafide is ineffective upon the rights
of the plaintiffs moreover the defendants No. 1 to
3 are liable to execute exchange agreement with
the plaintiffs as prayed for. ? OPP
3. Whether the suit is under valued for purpose of
court fee and requite court fee of Rs. 15000/- has
not been affixed by the plaintiffs, if so what is the
correct value for the purpose of court fee and
jurisdiction? OPD.
4. Whether the suit is false, frivolous, vexatious and
liable to be dismissed? OPD.
5. Whether the instant suit is counter blast of
criminal case U/S 420/468/471 of PPC, if so what
its effect? OPD.
6. Whether the plaintiffs are stopped by their words
and conduct to file the instant suit in view of
preliminary objections NO. 3 & 6 of the written
statement? OPD
7. Whether the suit is time barred and is liable to be
dismissed? OPD.
8. Whether the defendant No.4 is bonafide
purchaser with valueable consideration and suit is
liable to e dismissed with special costs U/S 35-A
of CPC.
9. Relief.

4. That parties lid their respective evidence. For kind perusal

copy of the evidence is annexed as Annex….. “C”.

5. That learned Trial Court dismissed suit vide judgment and

decree dated 31.01.2013. For kind perusal copy of judgment

and decree is annexed as Annex….. “D”.

6. That feeling aggrieved by the aforesaid judgment and

decree, petitioners preferred an appeal and the same was

dismissed by the learned Addl. District Judge, Sialkot vide

his order dated 02-03-2018. For kind perusal copy of appeal

and order are attached as Annex…..E & F.

7. That judgment and decree dated 31.01.2013 passed by the

Learned Civil Judge, Sialkot and judgment and decree dated

02-03-2018 passed by the Learned Addl. District Judge

Sialkot are liable to be set aside on the following amongst

G R O U N D S :-

i. That impugned judgments and decree of both the

courts below are against law and facts having
been passed without jurisdiction and applying
judicious mind.
ii. That both the courts below while passing
impugned judgments and decrees committed
material irregularity and illegality being result of
mis reading and non reading of evidence.
iii. That both the courts below while passing
impugned judgments and decree ignored the
facts that the sale deed was attested on 04-1-
2003 whereas stamp papers for same show to
have been purchased on 03-02-203.
iv. That both the courts below did not consider these
material facts that ownership of house by Humrat
Khan predecessor in interest of the petitioners
was admitted in preliminary para No. 3 and on
merit paras No.2 and 5 of written statement of
respondents and where their plea that the said
house had been exchange with one of the shops
situated at chowk Dharam Kot is false as evident
from the fact that Dhandal Khan predecessor in
interest of the petitioners and respondents No. 1
to 3 had gifted one shop 2 ½ Marala along with
agricultural land measuring 24-K to his eldest son
Rehmat Khan deceased vide mutation No. 1050
dated15-09-1997 . Whereas second one was sold
out to Tariq Mehmood Qureshi vide mutation No.
1098 dated 8-5-1998.
v. That both the courts held that exchange
agreement was not mentioned in correction of
Grdawari is against law and facts because
correction of Grdawri pertains to illegal transfer or
entry of possession of land rather the instead of
ownership and the was mentioned in statement
recorded in contempt proceedings in a suit titled
“Hurmat Khan vs. Muhammad Aslam etc filed by
Hurmat Khan predecessor of in interest of the
petitioners. It is pertinent to mention here that
both the courts badly ignored the order dated 12-
06-2003 passed by Ahmad Mujahid Sher Dill
Cheema Learned Civil Judge Daska, order of DOR
dated 24-03-2004 and EDOR dated 23-06-2004
regarding possession in favour of petitioners.
Moreover, after the said orders, respondent NO. 4
took possession of alleged land illegally on 20-07-
2004 demolishing water course resulting in
registration FIR No. 209-2004 P.S. Satrah District
Sialkot and challenged order of Revenue Court by
way of filing suit titled “Muhammad Aslam Vs. The
Province of Punjab etc” which was withdrawn prior
to arguments, therefore, the orders of revenue
court and civil courts got finality.
vi. That the order of the trial court is likely to be set
aside on the grounds that issue No. 1, 2,4,6,8,9,
were framed against “Qunoon-e-Shahdat.
vii. That both the courts below ignored this fact that
as per sale deed, respondent No. 4 purchased
land measuring 5-K 13 Marls out of khawat No.
215/232 Khatooni No. 489 Khasra No. 556 but in
possession of 3-K 13-M whereas rest of land 2-K,
5M is constructed house of the petitioner similarly
land measuring 2-K was purchased out of Khawat
No. 219/236 Khatooni No. 494 to 503 Khasra No.
556 but in possession of 4-K as evident from
Khasra Gradwaris for the year 2003 to 2009.
viii. That the appellate court erred in law by
dismissing the application under order 6 rule 17 of
CPC for impleading Aamna Bibi / respondent No. 7
as necessary party of the case. Moreover
appellate court dismissed the appeal on the same
date of hearing arguments of the counsel for the
petitioner without hearing argument counsel for
the respondents.
ix. That the learned courts below while passing
impugned judgments and decree did not decided
issue No. 3 as per law and without applying
judicious mind. Moreover cancellation of sale deed
alongwith consequential relief is required
wherein petitioners are not a party, therefore
court is not applicable.
x. That impugned judgments and decrees based
upon surmises and conjectures and are liable to
be set aside.

PRAYER

In the light of submissions made above it is

most humbly prayed that revision petition in
hand may very kindly be accepted and
judgment and decree dated 02-03-2018
passed by Learned Addl. District Judge
Sialkot and judgment and decree dated
31.01.2013 passed by Learned Civil Judge,
Sialkot may very kindly be set aside and suit
filed by the petitioners may very kindly be
ordered to be decreed in favour of the
petitioners and against the respondents in
the large interest of equity, justice and fair
play.

Any other relief this Honorable court deems

fit may also be granted.

PETITOIINER.
Through Counsel.

SHAHID SHAUKAT CH.

Advocate Supreme Court,
33100-8630639-1

CH. AYUB GUJJAR

Advocate High
107 First Floor Atif Centre
01-Turner Road Lahore.
N OTE:
As per instructions this is first revision petition upon the subject.

ADVOCATE.

IN THE LAHORE HIGH COURT, LAHORE.

C.R. NO._____________________/18.

Tariq Mehmood etc. VERSUS Muhammad Mushtaq etc.

INDEX.

Sr.No Description of Annex Date Page

. Documents. . . s
01 Grounds of Revision.
02 Affidavit to Revision.
03 Memo of Parties.
04 Copy of plaint. “A”
05 Copy of written “B”
Statements.
06 Copy of evidence of the “C”
parties.
07 Copy of judgment and “D”
decree of Learned Civil
Court.
08 Copy of Grounds of “E”
Appeal.
09 Copy of judgment of “F”
appellate court.
10 Necessary documents
11 Power of attorney.

PETITOIINER.
Through Counsel.

SHAHID SHAUKAT CH.

Advocate Supreme Court,
33100-8630639-1
CH. AYUB GUJJAR
Advocate High
107 First Floor Atif Centre
01-Turner Road Lahore.