suit partion

8/14/2019 Suit Partion

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In the court of Civil Judge and Judicial Magistrate2

Tando Mohd Khan

Civil suit No of 2009

Iqbal Ahammed s/o Muzaffer Ali buriro

r/o Burira Mohalla near phuleli

pull Tando Mohd khan ------------------------------------------Plaintiff

Versus

1 Manzoor Ahammed s/o Muzaffer Ali

2 Nazeer Ahammed s/o Muzzafer Ali

3 Maqbool Ahammed s/o Muzaffer Ali

4 Mst manzoor begum w/o Mohd hussain

5 Isalm khatoon wd/o Muzaffer Ali All

Resides at burira mohalla near phuleli pull

Tando Mohd khan---------------------------------------defendants

Suit for Partition and Per manent injunction

The above named plaintiff respect fully

states as follows

1 That the plaintiff and defendants aremembers of same family and are residing in plots city survey

no 1447/36, 1447/35 are annexed as annexure no 1 A and 1b

same will be called here suit property.

2 That relation between plaintiffs anddefendants is as under

Defendants no 1to3 are real brother while defendant no 4 is

real sister and defendant no 5is real mother

3 That plaintiff and defendants no 1to3are equal entitled 19.5 ps in Suit property annexure no 1A


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and1B and defendant no 4 is entitled 10 ps and defendant no

5 is entitled 12 ps in same suit property.

4 That dispute aroused between plaintiffand defendant no 3 by demolishing the portion which was in

possession of plaintiff ,defendant no 3 has purchased 3 shops

there is 30 feet street in between shops and suit property,

which is shown in map annexed here as annexure no 2

5 That defendant3 wants to usurps thestreet and wants to add it in his portion and wants to close

same street, and forcibly has demolished main gate now he

allots plaintiff zigzag, street from the suit property, while the

sanctioned door is from the street which he wants to add it in

his purchased shop.

6 That plaintiff approached to naik mards and well wisher offamily for amicable partition but defendant no 3 refused and

is raising construction even in my side which is in mypossession now the joint possession is no longer possible and

it is beneficial to partition

7 That defendant no 3 is sub Inspector andis influential person and is purchasing plot from other co

sharer is issuing threats for purchasing same portion of plot

of plaintiff .being police officer also has issued threats that he

will cause to involve me in false criminal cases if plaintiff willnot sell same portion to defendant no3 also he wants me to

dispossess forcibly and unlawfully.

8 That first of all cause of action accruedwhen defendant no 3 demolished the main gate and otaque

which were in joint possession, then he refused to amicable

partition of disputed property and threatened to dispossess

which is still continued till to day

9 That the suit property is situated at TandoMohd Khan , parties are residing in suit property and is not

agricultural land hence this honorable court has jurisdiction

to entertain the suit


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10 That the suit is valued one thousand andfor permanent injunction is valued at Rs:400 hundred There

fore court fee is not required.

11 That the plaintiff prays for judgment anddecree as under

(a) Partition of the suit property according to

share of parties to words main street

(b) To direct city surveyor to effect the partition by mutes

and bounds

(c ) To grant permanent injuction to defendant no 3not to

dispossess plaintiff and may be refrained not to raise any

construction till the partition

(d) costs of suit may be awarded to plaintiff

(e) Any other relief which this honourable court may deem fit

and proper may be awarded to plaintiff

Tando Mohd khanDated Plaintiff

Verification

I Iqbal Ahommed s/o Muzafffer Ali adult muslim by cast buriro

r/o burira mohalla near phuleli pull Tando Mohd khan present

at Tando Mohd khan do here by veri fy the contents of plaint

on oath to be true and correct to the best of my knowledge

and belief

Tando Mohd khan

Dated plaintiff

Identified by me

Advocate


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Documents filed

1 photo copy of plot no 1947/36

2 photo copy of plot no 1947/35

3 Photo copy of map of plots

Note

Address of the defendants for the purpose of service is same

as shown in the title of plaint


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In the court of F.C.M& civil JudgeTando Mohd khan


Iqbal Ahammed--------------------- ---------------------------Plaintiff

Versus

Maqbool Ahammedand others.Defendants

List of legal heirs of plaintiff

1 Najma w/o Iqbal Ahammed2 Shoaib Ahammed s/o =3 Shaoor Ahammed s/o =4 Danish s/o =

Tando Mohd khan

Dated ADVOCATE OF PLAINTIFF


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In the court of F.C.M& civil Judge Tando Mohd Khan


Iqbal Ahammed ----------------------------------------------Plaintiff

Versus

Maqbool Ahammedand others.Defendants

Appliccation u/o 39 Rule 1& 2 CPC

Read with Section 151 C.P.C

It is prayed that this honourable court would

be be pleased to grant ad interim injunction restring the defendant

no 3 from interfering the peaceful possession of plaintiff in suit

property and may be directed not to dispossess plaintiff from suit

property illegally forcibly on the consideration of the following

grounds

1 That plaintiff is in physical possession of suit

property, and has constructed room in suit property and living with

family.

2 That defendant no 3 has no legal .lawful ,

moral or equitable right to dispossess the plaintiff from suit property

3 That plaintiff has a prima facie suit to succeed

4 That balance of connivance lies in favour of Plaintiff

5 That if the plaintiff was dispossessed has not any

alternate to live along with family to some other place will cause

serious injury to reputation that will be irreparable loss.

5 that the plaintiff will suffer an irreparable loss and

legal injury in case the interim injunction is not granted to the

plaintiff.

That the prayer is made in the interest of justice

Tando Mohd khan

Dated ADVOCATE OF PLAINTIFF


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In the court of F.C.M& civil Judge Tando Mohd Khan.


Iqbal Ahammed ---------------------------Plaintiff

Versus

Maqbool Ahammed and others.Defendants

AFFIDAVIT

I Iqbal Ahammed s/o Muzaffer Ali adult muslim

by cast buriro r/o burira mohalla near Phuleli pull Tando Mohd khan

do here by state on solemn affirmation as under

1 That I am the plaintiff in above suit and as such

well conversant with the facts of the suit

2 That the accompanying application under order

39 Rule 1&2 C.P.C has been drafted and moved under my instruction

3 That the contents of the accompanying application

be read and treat as part and parcel of this affidavit

That what ever is stated above is true and

correct to the best of my knowledge and belief

Tando Mohd khan

Dated Deponent

I know the deponent

Advocate