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BEFORE THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

1. Sheikh Iftikhar Ahmed Adil s/o Sheikh Mukhtar Ahmed

2. Mst. Mehwish Iftikhar
Both office situated at 27-B, Rehmanabad Murree Road,
Rawalpindi

….Plaintiffs

-Versus-
1. Ahmed Ali Khan s/o Haji Liaquat Ali
2. Haji Liaquat Ali s/o Ghulam Muhammad
3. Zahida Shaheen through attorney Haji Liaquat Ali
All residents of House No.852-J, Street No.6, Asiana Chowk,
Westridge 3, Rawalpindi

4. Province of Punjab through:

(a) Halqa Patware, Mauza Kolian Parr and Mauza Maira
Kalan
(b) Assistant Director Land Record, Rawalpindi
(c)Sub-registrar, Rawalpindi

….Defendants

SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENTS DATED

29.01.2011 AND 10.10.2012 ALONG WITH PERMANENT AND
MANDATORY INJUNCTION

1. That Plaintiffs and his other family members are establishing

different Housing Schemes/Project in Tehsil and District,
Rawalpindi. For the said purpose they used to purchase land in
different Mauzas of Tehsil Rawalpindi including Mauzas Kolain
Parr, Mauza Maira Kalan etc.

2. That in order to facilitate the procurement landowners having

chunks of land in their names or in the name of their family
members and co-sharers used to contact the plaintiff and her
other family members.
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3. That defendant No.1 and 2 approached the plaintiff No.2 through

her father namely Sheikh Iftikhar Ahmed Adil/plaintiff No.1 and
demonstrated that they and other co-owners owned land
measuring 100 Kanals bearing Khasra Nos.590 to 614, 676, 678,
679, 1193 to 1212 situated at Mauza Kolian Parr, Tehsil and
District, Rawalpindi.

4. That bargain for the sale of said land was materialised between
plaintiff No.2 and Defendant No.1 to 3 in respect of above said
land which was reduced into writing on 29.01.2011. Price for
aforementioned land was agreed at the rate of Rs.2,20,000/-
per kanal.

5. That Rs.5,00,000/- was paid in cash to defendant No.1 whereas

Rs.25,00,000/- was paid through Cheque No.0010505 dated
15.02.2011 drawn on Standard Chartered Bank, Chandni Chowk,
Rawalpindi to defendant No.2 who was general attorney on behalf
of defendant No.3.

6. That defendants No.1 and 2 got transferred land measuring 39

kanals, 17 Marlas, 4 Sarsai out of above said land in the name
of nominee of plaintiff namely Sheikh Tahir through various sale
deeds. Defendant No.1 and 2 received a further sum of
Rs.1,24,60,000/- from plaintiffs in the following manner:

Sr Date Amounts in Received by and vide

# Rupees
1. 29.01.2011 2,500,000 Cheque No.0010505 in favour of
Defendant No.2
2. 29.01.2011 500,000 Cash received by Defendant No.1
3. 08.02.2011 165,000 Cheque No.2433751 received by
Defendant No.1
4. 15.02.2011 500,000 Cheque No.0157873 received by
Defendant No.1
5. 15.02.2011 600,000 Cheque No.0157872 received by
Defendant No.1
6. 24.02.2011 800,000 Cheque No.0157902 received by
Defendant No.1
7. 28.02.2011 300,000 Cheque No.0157910 received by
Defendant No.1
8. 10.03.2011 770,000 Cheque No.157935 received by Defendant
No.1
9. 25.05.2011 247,500 Cheque No.5516491 received by
Defendant No.1
10. 18.06.2011 400,000 Cash payment received by defendant No.1
11. 18.06.2011 942,000 Cheque No.6043571 received by
defendant No.1
12. 06.01.2012 440,000 Cash payment received by defendant No.1
13. 11.01.2012 330,000 Cheque No.23221992 received by
Defendant No.1
14. 17.01.2012 440,000 Cash payment received by defendant No.1
15. 03.02.2012 605,000 Cheque No.23222061 received by
defendant No.1
16. 08.02.2012 330,000 Cash payment received by defendant No.1
17. 20.03.2012 300,000 Cash payment received by defendant No.1
18. 20.03.2012 217,000 Cheque No.13134667 received by
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defendant No.1
19. 21.04.2012 100,000 Cash payment received by defendant No.1
20. 25.04.2012 219,000 Cheque No.24311375 received by
defendant No.1
21. 07.05.2012 220,000 Cash payment received by defendant No.1
22. 11.05.2012 200,000 Cash payment received by defendant No.1
23. 26.05.2012 170,000 Cheque No.25694881 received by
defendant No.1
24. 11.05.2012 317,000 Cheque
25. 26.05.2012 50,000 Cash payment received by defendant No.1
26. 03.07.2012 797,500 Cheque No.17208166 received by
Defendant No.1
Total Amount 12,460,000

After adjustment of sale consideration of aforementioned

transferred land Rs.36,88,112/- remained with Defendant No.1
and 2 as advance.

7. That in continuation of agreement, defendant No.2 on his own

and on behalf of Defendant No.3 executed agreement dated
10.10.2012 in favour of plaintiff No.1 wherein he
agreed/acknowledged the execution of agreement dated
29.01.2011 and agreed to fulfil the said agreement and transfer
the remaining land measuring 60 Kanals, 2 Marla, 5 Sarsai
detailed above from Mauza Kolian Parr, Tehsil and District,
Rawalpindi either owned by them or other co-owners and get the
requisite sale deeds executed or sale mutation sanctioned in
favour of plaintiff No.1 or his nominee. That above said amount
of Rs.36,88,112/- was agreed to be treated as earnest money in
respect of aforementioned land.

8. That in this agreement dated 10.10.2012 Defendant No.2 himself

and as attorney of Defendant No.3, agreed to sell further land
measuring 200 Kanals situated at Mauza Maira Kalan, Tehsil and
District, Rawalpindi. It was agreed that he would transfer land
measuring 117 Kanals bearing khasra Nos.140, 141, 167, 176,
177, 178, 179, 184, 186, 187, 190, 194, 196, 198, situated in
Mauza Maira Kalan, Tehsil and District, Rawalpindi which is owned
and possessed by defendant Nos.2 and 3, in favour of plaintiffs or
their nominee and land measuring 83 Kanal would be arranged
by him from other co-owners/landowners in Mauza Maira Kalan
adjacent to his above said Khasras in the same Mauza through
registered sale deeds and mutations.

9. That it was agreed that in case defendant No.2 and 3 are not able
to transfer above said land measuring 83 Kanals then defendant
No.2 and 3 will be bound to transfer aforementioned land
measuring 117 kanal at the rate of Rs.1,50,000/- per kanal.
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10. That in furtherance of agreement dated 10.10.2012

defendant No.1 and 2 transferred further land measuring 6
kanals, 1 Marla, 5 Sarsai directly in the names of nominees of
plaintiffs through sale deeds No.12023 dated 18.10.2012 in
respect of land measuring 5 Marla, Sale Deed No.12024 in
respect of land measuring 5 Marla, sale deed No.12609 dated
06.11.2012 in respect of land measuring 3 Marla, 4 Sarsai, Sale
Deed No.12610 dated 06.11.2012 in respect of land measuring
13 Marla, 4 Sarsai, Sale Deed No.7385 dated 30.05.2013 in
respect of land measuring 10 Marlas, Sale Deed No.8122 dated
14.06.2013 in respect of land measuring 1 Kanal, Sale Deed
No.8123 dated 14.06.2013 in respect of land measuring 1 Kanal,
sale Deed No.8121 dated 14.06.2013 in respect of land
measuring 1 Kanal, sale Deed No.1835 dated 04.02.2015 in
respect of land measuring 1 Kanal, Sale Deed 16106 dated
18.11.2015 in respect of land measuring 5 Marla. In pursuance of
agreement dated 10.10.2012 plaintiffs paid further amount of
Rs.9,90,000/- in the following manner:

Sr# Date Amount in Received by and vide

rupees
1. 03.12.2012 440,000 Cheque No.27775138 received by
defendant No.1
2. 24.06.2013 250,000 Cash payment received by defendant No.1
3. 24.06.2013 300,000 Cheque No.26442488 received by
Defendant No.1
Total amount Rs.9,90,000/-

11. That in spite of lapse of considerable period, defendants

neither transferred the remaining land measuring 54 Kanals, 6
Sarsai situated in Mauza Kolian Parr, Tehsil and District,
Rawalpindi nor transferred their land measuring 117 Kanal of
Mauza Maira Kalan, Tehsil and District, Rawalpindi. They have
failed to get transfer 83 Kanal from Mauza Maira Kanal directly
from other [Link]-sharers

12. That plaintiff No.2 himself and as attorney of plaintiff No.1

approached defendant No.1 and 2 many a times and called upon
them to perform their part of contract, however, they lingered on
the matter on pretext or the other.

13. That the plaintiffs have continuously been ready and willing
to perform their part of agreements and remained ready and
willing to pay remaining sale consideration amount at the time of
execution and registration of sale deeds before concerned sub-
registrar, however, defendants lingered on the matter on one
pretext or another and failed to perform in accordance with terms
and conditions of aforementioned agreements.
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14. That it has now come to the knowledge of plaintiff No.1 that
defendants are trying to transfer their own land measuring 117
Kanals of Mauza Maira Kalan tehsil and District Rawalpindi upon
contact on 23.02.2021, Defendant No.1 and 2 had virtually
resiled from the suit agreements and refused to perform the
same which necessitated the filling of instant suit.

15. That in case defendants succeeded in his nefarious acts then

plaintiffs will suffer irreparable loss and their said project shall
seriously be affected. If any further alienation is made by
defendants then it shall result in multiplicity of proceedings and
induction of strangers.

16. That the value of suit property is within the pecuniary

jurisdiction of instant Court for which maximum Court fee is being
affixed Rs.15,000/-.

17. That the cause of action is a recurring one.

18. That the suit land is situated within territorial jurisdiction of

Honourable Court, thus, the Court has jurisdiction to entertain
and adjudicate upon the matter.

Prayer
It is respectfully prayed that decree for possession through
specific performance of agreements dated 29.01.2011 and
10.10.2012 in respect of remaining land described in para
No.11 of the plaint with the direction to defendants No.1 to 3
to execute sale deed or get mutation sanctioned in favour of
plaintiff No.1 or his nominee and get it registered with
Defendant No.4(c) failing which the same be got executed and
registered through representative of the court and its
incorporation in the relevant revenue record coupled with
delivery of actual and physical possession through process of
the court; and for permanent injunction restraining the
defendant No.1 to 3 from alienating/transferring suit plot to
any other person in any manner whatsoever or changing its
nature or raising any construction thereon or delivering the
possession to any other person be passed in favour of
plaintiffs against the defendant No.1 to 3 and defendant No.4
be restrained from making any adverse entry in respect of suit
land.
Any other relief which this Honourable Court deems just and
proper may also be awarded.
Plaintiffs
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Through

MUHAMMAD ILYAS SHEIKH

ADVOCATE SUPREME COURT OF PAKISTAN

BARRISTER SHEIKH DANYAL IFTIKHAR

ADVOCATE HIGH COURT

MUHAMMAD INAM UL HAQ FAROOQUI

ADVOCATE HIGH COURT

VERIFICATION:
Verified on Oath at Rawalpindi on this ____ day of _______, 2022 that Para 1 to 14 of plaint are correct
to the best of my knowledge whereas 15 to 17 are correct as per information received.

CERTIFICATE:
It is certified that this is the first suit filed in respect of agreements dated 29.01.2011 and
10.10.2012 forming subject matter of instant suit by plaintiff.

PLAINTIFFS

BEFORE THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

Sheikh Iftikhar Ahmed Adil etc

-Versus-
Ahmed Ali Khan etc.

SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENTS DATED

29.01.2011 AND 10.10.2012 ALONG WITH PERMANENT AND
MANDATORY INJUNCTION

APPLICATION UNDER U/O XXXIX RULE 1 AND 2 C.P.C READ

WITH SECTION 151 C.P.C
Respectfully Sheweth:-

1. That the petitioners have filed the above captioned suit before
this Honorable Court, contents of which may kindly be read as an
integral part of this instant petition.
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2. That the petitioners have good prima facie case which is evident
from the contents of the petition.

3. That the balance of convenience also lies in the favor of

petitioners.

4. That if the petition may not be accepted than the petitioners shall
suffer irreparable loss.

Prayer
It is, therefore, most respectfully prayed that this petition may
graciously be accepted and for permanent injunction
restraining respondents No.1 to 3 from alienating/transferring
suit land to any other person in any manner whatsoever or
changing its nature or raising any construction thereon or
delivering the possession to any other person and respondent
No.4 be restrained from making any adverse entry in respect
of suit land.

PETITIONER

Through

MUHAMMAD ILYAS SHEIKH

ADVOCATE SUPREME COURT OF PAKISTAN

BEFORE THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

Sheikh Iftikhar Ahmed Adil etc

-Versus-
Ahmed Ali Khan etc.

SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENTS DATED

29.01.2011 AND 10.10.2012 ALONG WITH PERMANENT AND
MANDATORY INJUNCTION

APPLICATION UNDER U/O XXXIX RULE 1 AND 2 C.P.C READ

WITH SECTION 151 C.P.C
____________
AFFIDAVIT

I, s/o r/o
do, hereby solemnly affirm and
declare as under:
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1. That written statement 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 statement.

DEPONENT
VERIFICATION:
Verified on Oath at Rawalpindi on this ____ day of _______, 2022 that contents of affidavit are
true and correct to the best of my knowledge and belief and nothing has been concealed.

DEPONENT

VAKALATNAMA/POWER OF ATTORNEY

Sheikh Iftikhar Ahmed Adil etc

-Versus-
Ahmed Ali Khan etc.

KNOW ALL to whom these presents shall come that _

________________________________________________________in the above captioned suit do hereby
appoint.

MUHAMMAD ILYAS SHEIKH

ADVOCATE SUPREME COURT OF PAKISTAN

(herein after called by advocate/s) to be my/our Advocate in the above-noted case authorize them:-To act,
appear and plead in the above-noted case in this Honorable Court or in any other Court in which the same
may be tried or heard and also in the appellate court including High Court subject to payment of fees
separately for each court by me/us. To sign file, verify and present pleadings, appeals cross-objections or
petitions for executions review, revision, withdrawal, compromise or other petitions or affidavits or other
documents as may be deemed necessary or proper for the prosecution of the said case in all its stages
subjects to payment of fees for each stage. To file and take back documents, to admit and /or deny the
documents of opposite party. To withdraw or compromise the said case or submit to arbitration any
differences or disputes that may arise touching or in any manner relating to the said case. To take execution
proceedings. The deposit, draw and receive money, cheque, cash and grant receipts hereof and to do all other
acts and things which may be necessary to be done for the progress and in the course of the prosecution of
the said case. To appoint and instruct any other Legal Practitioner authorizing them to exercise the power
and authority hereby conferred upon the Advocate whenever he may think fit to do so and to sign the power
of attorney on our behalf. And I/We the undersigned do hereby agree to ratify and confirm all acts done by
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the Advocate or his substitute in the matter as my/our own acts, as if done by me/us to all intents and
purpose. And I/We undersigned that I/We or my/our duly authorized agent would appear in court on all
hearings and will inform the Advocate for appearance when the case is called. And I/We the undersigned do
hereby agree not to hold the advocate of his substitute responsible for the result of the said case. The
adjournment costs whenever ordered by the court shall be of the Advocate which he shall receive and retain
for themself. And I/We undersigned do hereby agree that in the event of the whole or part of the fee agreed
by me/us to be paid to the advocate remaining unpaid he shall be entitled to withdraw from the prosecution
of the said case until the same is paid up. The fee settled is only for the above case and above Court. I/We
hereby agree that once the fee is paid, I/We will not be entitled for the refund of the same in any case
whatsoever and if the case prolongs for more than one year the original fee shall be paid again by me/us.
IN WITNESS WHERE OF I/We do hereunto set my/our hand to these presents the contents of which have
been understood by me/us on this_____ day of ____March_____ 2022.

Accepted

_________________________ ____________________
ADVOCATE(S) CLIENT

(SLA)
SHEIKH LAW ASSOCIATES
Barristers, Advocates, & Consultant