IN THE COURT OF SENIOR CIVIL JUDGE, DISTRICT LAHORE

CIVIL SUIT NO.__________/2023

1. Mirza Muhammad Azhar Baig S/o Abdul Hameed Baig R/o Railway Nursery Babar Road, Post
Office Mughal Pura, Lahore.

2. Shaheen Fatima W/o Muhammad Ibrahim Mujahid R/o House No. 24, Muhalla Amritsari, Lahore
Cantt, Lahore.

3. Mirza Muhammad Humayun Baig S/o Abdul Hameed Baig R/o Railway Nursery Babar Road, Post
Office Mughal Pura, Lahore.

4. Yasmeen Najeeb W/o Najeeb Ullah Khan R/o Nisheman-e-Iqbal Co-operative Housing Society
Khayaban Jinnah Road, House No. 90, Lahore.

5. Muhammad Zubair Baig (since died) through his legal heirs;

i) Mumtaz Begum widow of Muhammad Zubair Baig R/o Near Dhobi Ghaat, Muhallah Railway
Nursery Sample Road Mughalpura Lahore Cantt, Lahore.
ii) Safia Jahangir daughter of Muhammad Zubair Baig R/o Near Dhobi Ghaat, Muhallah Railway
Nursery Sample Road Mughalpura Lahore Cantt, Lahore.
iii) Muhammad Younas Baig son of Muhammad Zubair Baig R/o Lalla Rukh House No. D-884,
Street No. 19, Wa Cantt, Tehsil Taxela, District, Rawalpindi.
iv) Muhammad Yousaf Baig son of Muhammad Zubair Baig R/o Near Dhobi Ghaat, Muhallah
Railway Nursery Sample Road Mughalpura Lahore Cantt, Lahore.
v) Sadia Adnan daughter of Muhammad Zubair Baig R/o House No. 214, Block Sher Afzal
Muhallah, S.A. Garden Kala Shah Kaku, Tehsil Muredkay, District Sheikhupura.
vi) Saima Haseeb daughter of Muhammad Zubair Baig R/o House No. 96, Mohallah M-I-T-2,
Mughalpura, Lahore.
vii) Amna Zubair daughter of Muhammad Zubair Baig R/o Near Dhobi Ghaat, Muhallah Railway
Nursery Sample Road Mughalpura Lahore Cantt, Lahore.
viii) Muhammad Ibrahim Baig son of Muhammad Zubair Baig R/o Near Dhobi Ghaat, Muhallah
Railway Nursery Sample Road Mughalpura Lahore Cantt, Lahore.

6. Mirza Muhammad Athar Baig S/o Abdul Hameed Baig (since died) through his legal heirs;
 i) Farzana Kousar widow of Mirza Muhammad Athar Baig R/o Near Dhobi Ghaat, Muhallah
Railway Nursery Sample Road Mughalpura Lahore Cantt, Lahore.
ii) Minahil Ali daughter of Mirza Muhammad Athar Baig R/o Near Dhobi Ghaat, Muhallah
Railway Nursery Sample Road Mughalpura Lahore Cantt, Lahore.
iii) Ramsha daughter of Mirza Muhammad Athar Baig R/o Near Dhobi Ghaat, Muhallah Railway
Nursery Sample Road Mughalpura Lahore Cantt, Lahore.
iv) Fariha Qadeer daughter of Mirza Muhammad Athar Baig R/o Muhallah Chah Badrewala,
Post Office Sharqpur Kalan, Tehsil Sharqpur, District Sheikhupura.
v) Faizan Baig son of Mirza Muhammad Athar Baig R/o Near Dhobi Ghaat, Muhallah Railway
Nursery Sample Road Mughalpura Lahore Cantt, Lahore.

7. Mirza Muhammad Muzafar Baig S/o Abdul Hameed Baig (since died) through his legal heirs;
i) Saima Muzafar widow of Mirza Muhammad Muzafar Baig R/o Near Habib Homes, House No.
89-B, Muhallah Ali Park, Pindi Rajputtan, Kot Lakhpat Lahore.
ii) Romesa Muzafar daughter of Mirza Muhammad Muzafar Baig R/o Near Habib Homes,
House No. 89-B, Muhallah Ali Park, Pindi Rajputtan, Kot Lakhpat Lahore.
iii) Mirza Muhammad Awaiz Baig son of Mirza Muhammad Muzafar Baig R/o Near Habib
Homes, House No. 89-B, Muhallah Ali Park, Pindi Rajputtan, Kot Lakhpat Lahore.
iv) Adeen Muzafar daughter of Mirza Muhammad Muzafar Baig R/o Near Habib Homes, House
No. 89-B, Muhallah Ali Park, Pindi Rajputtan, Kot Lakhpat Lahore.
[PLAINTIFFS]

VERSUS
1. Mirza Muhammad Sarwar Baig /o Abdul Hameed Baig R/o Railway Nursery Babar Road, Post
Office Mughal Pura, Lahore.

2. Mirza Muhammad Zafar Baig S/o Abdul Hameed Baig R/o Nisheman-e-Iqbal Co-operative
Housing Society Near WAPDA Town, House No. 645, Lahore.

3. Officers Colony Walton Road Lahore Cantt, Lahore.

[DEFENDANTS]

SUIT FOR DECLARATION, PARTITION OF IMMOVABLE PROPERTY AND

POSSESSION ALONG WITH MANDATORY AND PERMANENT INJUNCTIONS
Respectfully sheweth:

1) That, the defendant No. 3, a Housing Society, is being arrayed as proforma defendant as no
specific relief is being sought against it except as mentioned hereinafter in prayer clause.
 2) That, the plaintiffs and defendants, precluding defendant No. 3, are related to each other in
degree of relationship in one way or another. It is pertinent to aver that the predecessor of
parties namely, Zahida Begum (Hereinafter to be referred as ‘Predecessor’) was owner of a
piece of plot 113-C Officers Colony Walton Road, Lahore Cantt comprising 10 Marlas of
residential plot (Hereinafter to be referred as ‘Suit Property’). During her lifetime the
predecessor continued to remain in exclusive possession of the said plot as its sole owner.

3) That, it is germane to state that the said predecessor, due to natural dwindling of health, had
passed away on 21.09.1990 leaving behind present parties, excluding defendant No. 3, so
arrayed as successors. It is not out of interest to state that plaintiffs, on several occasions, has
approached defendants for the internal partition of the suit property so described hereinabove
so as to devolve the suit property in accordance with their apportionments given their
entitlements.

4) That, it is apposite to mention that the defendants, in the first instance, showed their
consonance to the internal partition of the suit property in compliance with the Muslim Law of
Inheritance in their respective proportions so prescribed. At a subsequent stage, the plaintiffs, in
order to materialize previous arrangements, had approached defendants precluding defendant
No. 3 for culminating internal partition of the suit property. But to the utter dismay of the
plaintiffs, defendants excluding defendant No. 3 had refused to accede to the request of the
plaintiffs, hence this suit.

5) That, the cause of action, in favour of the plaintiffs and against defendants, arose in the first
instance when the defendants agreed to have the suit property internally partitioned so as the
same could be handed over to the successors in accordance with their proportionate shares in
the suit property. Subsequently, right to sue has accrued, in favour of the plaintiffs and against
defendants, days back to the filing of the instant suit when defendants flatly refused to the
request of internal partition of the suit property which is recurring in its nature.

6) That, the suit property is situated within the jurisdiction of this Honourable Court, hence this
court is amply vested with the jurisdiction to adjudicate upon the matter.

7) That, the value of the suit property for the purpose of court-fee and jurisdiction is fixed as
20,000 which is exempted from court-fee.

PRAYER
1) Subject to above-mentioned circumstances, it is with utmost respect prayed that a decree for a
declaration in favour of the plaintiffs and against defendants precluding defendant No. 3 may be
passed declaring therein plaintiffs as entitled to the suit property being successors-in-interest of the
‘predecessor’ along with defendants so arrayed as necessary parties. It may also be declared that
 the plaintiffs are duly entitled to enjoy all amenities, facilities and privileges to which ‘predecessor’
was entitled in respect of the suit property.

2) Without prejudicial to the above, it is also prayed that the suit property, in terms of Punjab Partition
of Immovable Properties Act, 2012, may be ordered to be partitioned in accordance with
entitlements of all successors-in-interest.

3) In consonance with the paragraph 2 of the prayer clause, it may also be ordered that the possession
of the suit property, after due partition thereof, may also be handed over to all the successors-in-
interest in compliance with apportionments.

4) In terms of above, defendant No. 3, which is a housing society, may also be directed to produce all
relevant record of the suit property before this Honourable Court. It may also be ordered to
facilitate the possession in favour of plaintiffs.

5) In view of the above, a direction in the nature of permanent injunction may also be given in favour
of the plaintiffs and against defendants restraining the latter to alter, modify or change the nature of
the suit property in one way or another so as to cause irreparable loss to the plaintiffs.

6) Any other relief which this Honourable Court deems fit may also be granted in the best interest of
justice.

PLAINTIFFS

MUHAMMAD OSAMA BAKSH

Advocate High Court

IRFAN A. BHATTI
Advocate High Court

VERIFICATION:

It is verified on oath at Lahore on this____ day of ______/2023 that the contents of paragraph No. 1 to 4
are true and correct according to my best knowledge and information and remaining paragraph are true
according to my best information received and believed to be true.

Deponent