IN THE LAHORE HIGH COURT, LAHORE.
C.R. NO.___________________/2020.
MEMO OF PARTIES.
Muhammad Naeem son of Zafar Ahmad Caste Rajput r/o
278 Statelite B-Block near Rehmania Masjid Jugnoo Chowk
Abu Zabi Road Raheem Yar Khan through his special
attorney Sohaib Naeem son of Rana Muhammad Naeem
Sajjad r/o Basti Atta wali Toba Road Jhang Road Tehsil &
District, Jhang.
……..Petitioner.
VERSUS
1. Muhammad Kaleem son of Zafar Ahmad Caste Rajput c/o
Muhammad Ashraf Retired Bank Guard r/o Gull Reheem
Town Street No.2 Shadab Road Jhang Road Tehsil & District
Faisalabad.
2. Muhammad Akram son of Umer Din caste Mughal r/o
Chak No.275-GB Pansara Jhang Road Faisalabad.
3. Muhammad Tahir son of Ameer Ali r/o Chak No.275-GB
Pansara Jhang Road Faisalabad.
4. Murtaza son of Ahdul Shakoor Khan caste Rajput r/o Chak
No.275-GB Pansara Jhang Road Faisalabad.
5. Muhammad Yousaf son of Noor Muhammad caste Goojar
r/o Chak No.275-GB Pansara Jhang Road Faisalabad.
6. Sultan Ahmad Patwari Halqa r/o Chak No.275-GB Pansara
Jhang Road Faisalabad.
7. Assistant Collector/Naib Tehsildar Mall Halqa Pensara
Tehsil Office Faisalabad.
…….Respondents
Petitioner.
Through Counsel.
SHAHID SHAUKAT CH.
Advocate Supreme Court,
33100-8630639-1
0300-9655009
107 First Floor Atif Centre
01-Turner Road Lahore
IN THE LAHORE HIGH COURT, LAHORE.
C.R. NO._____________________/2020.
Muhammad Naeem. VERSUS Learned ADJ, Faisalabad, etc.
AFFIDAVIT.
I, Sohaib Naeem son of Rana Muhammad Naeem Sajjad r/o
Basti Atta wali Toba Road Jhang Road Tehsil & District,
Jhang, 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 petitioner filed a suit for
declaration of rights with the assertions that the defendant
No.1 is real brother of plaintiff and plaintiff is resided in
Saudi Arabia in connection with occupation. Plaintiff
purchased property from Muhammad Ramzan son of Fareed
Baksh through mutation No.5641 dated 07.04.2004 and also
took over the possession of property. The father of plaintiff
and defendant No.1 was a teacher in Government School
who died in the year, 1993, at that time plaintiff was resided
at Saudi Arabia and in order to collect pension, provident
fund and other dues the plaintiff issued a general power of
to defendant No.1 but afterwards same was cancelled
through revocation deed no.44030 dated 29.09.1997. At the
time of issuance of said power of attorney, plaintiff did not
own any property. The plaintiff returned to Pakistan in the
year, 2010 and on 25.02.2010 when plaintiff approached the
Halqa Patwari to acquire copy of registered record of rights,
it reveals that defendant No.1with mala-fide, fraud and
misrepresentation got transferred the said property of
plaintiff in his name. The mutation No.6629 dated
12.10.2007 attested by defendant No.7 and all the
subsequent mutations are against law and facts, void with
malafide, without jurisdiction and liable to be cancelled. The
defendant No.1 was intimated many times to got cancelled
the said mutation but in vain. 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 Annexure-B.
3. That out of the divergent pleadings of the parties, learned
Trial court framed following issues.
Issues:
1. Whether the impugned mutations No.6692 dated
12.10.2007 in favour of defendant No.2 by
defendant No.1, mutation No.7420 dated
12.01.2009 comprising in Khasra No.2/55, square
No.50 in favour of defendant No.3 by defendant
No.2, mutation No.7419 comprising in khasra
No.2/56 dated 12.01.2009 in favour of defendant
No.4 and mutation No.7496 dated 11.02.2009 in
favour of defendant No.7 with respect to the suit
property details of which are fully described in the
head note of plaint are based on fraud, without
jurisdiction, void, unlawful, ineffective qua the
rights of plaintiff and liable to be dismissed? OPP
2. If the above said issue is proved in affirmative
whether the plaintiff is entitled to get the decree
for declaration along with permanent injunction
with respect to the suit property as prayed for?
OPP
3. Whether the plaintiff has no cause of action and
locus standi to file the instant suit? OPD
4. Whether the plaintiff is stopped by his words and
conduct to bring this suit? OPD
5. Whether the suit is under valued for the purposes
of court fee, if so, what I its valuation? OPD
6. Whether the instant suit is not maintainable in its
present form and the suit is liable to be
dismissed? OPD
7. Whether the plaintiffs have filed this suit just to
harass and blackmail the defendants and the suit
is liable to be dismissed and defendants are
entitled to get special costs u/s 35-A CPC? OPD
8. Relief
4. That parties lid their respective evidence. For kind perusal
copy of the evidence is annexed as Annexure-C.
5. That learned Trial Court decreed suit of the plaintiff/present
petitioner vide judgment and decree dated 20.04.2018. For
kind perusal copy of judgment and decree is annexed as
Annexure-D.
6. That feeling aggrieved by the aforesaid judgment and
decree, respondents preferred appeals and the same was
allowed by the learned Addl. District Judge, Faisalabad vide
his judgment and decree dated 20.11.2019. For kind perusal
copies of appeals and judgment and decree are attached as
Annexure-E & F.
7. That judgment and decree dated 20.11.2019 passed by the
Learned Addl. District Judge, Faisalabad are liable to be set
aside on the following amongst:
G R O U N D S :-
i. That impugned judgment and decree of the
learned appellate court is against law and facts
having been passed without jurisdiction and
applying judicious mind.
ii. That the learned appellate court while passing
impugned judgment and decree committed
material irregularity and illegality being result of
mis reading and non reading of evidence.
iii. That the petitioner sent the said power of
attorney to respondent No. 1 for the purpose of
obtaining Government dues of his father in year
1994 by the plaintiff and after that the petitioner
came in Pakistan in year 1997 and revoked the
power of attorney through Ibtal Nama dated 29-
09-1197. Hence the learned Additional District
also ignored these material facts of the case and
passed the impugned judgment dated 20-11-2019
which is liable to be set aside.
iv. That petitioner purchased the suit property from
Muhammad Ramzan through mutation No. 5641
and thereafter, petitioner again came in Pakistan
in January 2010 and applied for Fard Jambandi of
the suit property and petitioner came to known
that property of the petitioner has been alienated
through power of attorney which was cancelled
through Ibtal Nama and respondent No. 1
fraudulently sold out the petitioner’s property on
the basis of revoked power of attorney which is
totally illegal and unlawful thus the learned
District Judge Faisalabad did not consider these
material facts of the case and passed the
impugned judgment and decree which is liable to
be set aside.
v. That the learned appellate Court while passing the
impugned judgment and decree did not consider
the evidence on record and also ignored these
material facts which is proved after recording of
evidence that the mutations were sanctioned on
the basis of power of attorney which has revoked
the said power of attorney through registered
documents. It is pertinent to mention here that
the power of attorney was issued by the petitioner
in the year, 1994 for the purpose of getting
pension and other benefits of his deceased father,
who was government employee and died in the
year, 1993 and the said power of attorney was not
sanctioned for suit property and, which the
petitioner purchased in the year, 2006 and
petitioner has not given any right respondent No.
1 regarding the said suit property and Thus, the
impugned judgment passed by the learned
appellate Court is liable to be set aside.
vi. That impugned judgments and decrees passed by
the learned Additional District Judge Faisalabad
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 20.11.2019
passed by Learned Addl. District Judge,
Faisalabad may very kindly be set aside and
the judgment and decree dated 20.04.2018
passed by the learned Civil Judge Faisalabad
may very kindly be upheld and the suit filed
by the petitioner may very kindly be ordered
to be decreed in favour of the petitioner 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
0300-9655002
107 First Floor Atif Centre
01-Turner Road Lahore.
NOTE:
As per instructions this is first revision petition upon the subject.
ADVOCATE.
IN THE LAHORE HIGH COURT, LAHORE.
C.R. NO._____________________/2020.
Muhammad Naeem. VERSUS Learned ADJ, Faisalabad.
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
0300-9655002
CH. AYUB GUJJAR
Advocate High
107 First Floor Atif Centre
01-Turner Road Lahore.
IN THE LAHORE HIGH COURT, LAHORE.
C.M.NO.______________________/2020.
IN
C.R. NO._____________________/2020.
Muhammad Naeem. VERSUS Learned ADJ, Faisalabad,
etc.
Petition U/S 151 C.P.C for suspension of operation of
impugned judgment and decree dated 20.11.2019 passed
by learned additional district judge, Faisalabad.
Humbly Sheweth:
1. That the petitioner has filed revision before this Hon’ble
Court which is not fixed so far.
2. That contents of the revision petition may very kindly be
considered as an integral part of this petition.
3. That balance of convenience lies in favour of the present
petitioner.
4. That prima facie, the petitioner has a very good arguable
case.
5. That if the operation of judgment and decree of leaned
Additional District Judge, Faisalabad is not suspended, the
petitioner shall suffer an irreparable loss and shall cause
further complications.
PRAYER
It is, therefore, most respectfully prayed
that the instant petition may graciously be
allowed and the operation of impugned
judgment and decree dated 20.11.2019
passed by learned Additional District Judge,
Faisalabad may kindly be suspended till
final disposal of instant revision.
PETITIONER
Through Counsel.
SHAHID SHAUKAT CH.
Advocate Supreme Court,
CNIC No. 33100-8630639-1
Cell No. 0300-9655002
107 First Floor Atif Centre
01-Turner Road Lahore.
IN THE LAHORE HIGH COURT, LAHORE.
C.M.NO.______________________/2020.
IN
C.R. NO._____________________/2020.
Muhammad Naeem. VERSUS Learned ADJ, Faisalabad, etc.
Petition U/S 151 C.P.C for suspension of operation of
impugned judgment and decree dated 20.11.2019 passed
by learned additional district judge, Faisalabad.
AFFIDAVIT.
I, Sohaib Naeem son of Rana Muhammad Naeem Sajjad r/o
Basti Atta wali Toba Road Jhang Road Tehsil & District,
Jhang, 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.
