AMENDED PLAINT
IN THE COURT OF MS NADIA ALI CIVIL JUDGE,
ISLAMABAD-EAST
1. Mahmood Jan W/O Nazar Hussain (daughter of
Sakhi Muhammad) (deceased) Through Legal
heirs
1A. Azher Hussain (son)
1B. Zahid Hussain (son)
1C. Robeena Bibi (daughter)
1D. Sonia Bibi (Daughter)
1E. Asia Bibi (Daughter)
R/O saklhi House, Street No.3-A, Sector O-9, NPF, Lohi
Bheer Islamabad.
…Plaintiffs
Vs.
1. Muhammad Ishfaq S/O sakhi Muhammad R/O saklhi
House, Street No.3-A, Sector O-9, NPF, Lohi Bheer
Islamabad.
2. Makhmood Jan D/O sakhi Muhammad
3. Mst. Naseem D/O sakhi Muhammad
4. Akhtar Jan D/O sakhi Muhammad
5. Tahir
6. Mazher
7. Shahid
8. Shazia
9. Nazia
10. Sadia
11. Nadia
12. Tazeem
Sons and daughters of Barkat Hussain(Sons and
daughters of Mahfooz Bibi D/O Sakhi Muhammad )
13. Mst. Sobia D/O Munir ( D/O Surya D/O Sakhi)
14. Collector ICT, Islamabad.
15. Tehsildar ICT, Islamabad.
… Defendants
SUIT FOR DECLARATION, CANCELLATION OF
MUTATIONS AND PERMANENT INJUNCTION
Respectfully Sheweth:
1A. That plaintiff has died and her legal heirs are being
impleaded as plaintiffs No. 1A to 1E as per order of
this honorable court.
1. That defendant No.1 is brother, defendants No.2 to 4
are sisters, defendants No.5 to12 are legal heirs of
deceased sister of the plaintiff and defendant No.13 is
daughter of another deceased sister. Defendants No.2
to 13 have been impleaded as Performa defendants
and no active relief is being sought against them.
2. That the predecessors-in-interest of the parties was
Sakhi Muhammad who survived by one son and six
daughters.
3. That the late Sakhi Muhammad was owner in
possession of land measuring 11 kanal 11 marla in
Khasra No. 1554, 1556, 1557, 1543, 278, 1555, Qita 2
in the revenue estate of Lohi Bheer Islamabad (Herein
after called “ the suit property”), and according to the
law of inheritance plaintiff was entitled to inherit 1/8
share from the estate of Sakhi Muhammad being
daughter but all the six daughters have been deprived
from the inheritance of Sakhi Muhammad in respect
of “the suit property” as defendant No.1 in connivance
with the revenue officials illegally, unlawfully,
without knowledge and consent of late Sakhi
Muhammad got incorporated mutation No.2024. It
is note worthy the mandatory requirements of gift
have also not been fulfilled and none has been sited
as a witness with the added reason the mutation does
not bears signature and thumb impression of alleged
donor hence mutation No.2024 and subsequent
mutations ( Here in after called the suit mutations)
are liable to be cancelled.
4. That the very acts of the defendant No.1 to deprive the
plaintiff and other sister is illegal, unlawful, against
the law and un-operative upon rights of the plaintiff.
5. That the inheritance is fundamental right and cannot
be infringed but in the case in hand sisters have been
deprived from their inheritance.
6. That the plaintiff first time came in the knowledge
about “the suit mutations” in the recent passed when
litigation started between the parties.
7. That defendants have been asked time and again to
acknowledge the rights of the plaintiff in the suit
property but all requests, reminders made in this
behalf have borne no fruit, hence this suit.
8. That the plaintiff is entitled for a decree for
declaration to the effect that she being daughter is
entitled for inheritance from the Estate of Sakhi
Muhammad being legal heir and “the suit mutations”
are liable to be declared to be null and void abinitio
and of no legal consequence. Plaintiff is also entitled
for a permanent injunction restraining the defendants
from further alienating suit property.
9. That cause of action accrued to the plaintiff lastly
yesterday, it continue the suit is thus within time.
10. That “the suit property” is situated at Islamabad hence
this honourbale court has got jurisdiction to entertain
the suit, try the same and grant relief claimed.
11. That the valuation of the suit for purpose of court fee
and jurisdiction is fixed at Rs.2,000/- which is
exempted from levy of court fee.
PRAYER
It is therefore respectfully prayed that this
Honourable Court may very graciously be pleased to pass
following decrees:
a. A decree for declaration to the effect that plaintiff
being daughter is entitled for inheritance from the
Estate of Sakhi Muhammad being legal heir to the
extent of 1/8 share.
b. A decree for declaration to the effect that “the suit
mutations” and subsequent mutations based upon
them are illegal, unlawful, and have been sanctioned
fraudulently, thus liable to be cancelled.
c. A decree for permanent injunction restraining the
defendants from further alienating suit property.
d. Any other relief which this Honourable court may
deem fit and proper may also be awarded.
Plaintiffs
Through
CH. ABDUL RAHMAN BAJWA
ADVOCATE SUPREME COURT
Verification
Verified on S.A that contents of para No.1 to 8 of plaint are true
and correct to the best of my knowledge and belief and rest of
the paras are believe to be correct as per information furnished.
Plaintiffs
