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Assignment no 01:
SUIT FOR DECLARATION
Course Title:
Legal Drafting
Submitted to:
Dr. Abida Hassan
Submitted by:
Sameer Ali 4911
Malik Dad 4969
M. Kashif Iqbal 4945
Sana Ameer 4991
Iqbal Khan 4913
Dr. Muhammad Iqbal Law School, GC University, Lahore.
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Table of Contents
Introduction: ……………………………………………………………………. 3.
Parties: ………………………………………………………………………..… 3.
Facts:……………………………………………………………………………...3.
Prayer:.....................................................................................................................5.
Concil: ……………………………………………………………………...……. 6.
Verification:…………………………………………………...……………...…. 6.
Note: ……………………………………………………………………………... 7.
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IN THE COURT OF SENIOR CIVIL JUDGE LAHORE
Suit no. ----------------------/24
Sakhawat Ali son of Jalal Din Caste Rajput, resident of Ward no. 4 Farooq Abad Kahna Nau
Lahore
PLAINTIFF
VERSUS
1. Revenue officer, Mouza Gajjumata, Model Town Lahore
2. Halqa Patwari, Mouza Gajjumata, Model Town Lahore
3. Xen Lesco, Kot Lakhpat Division Lahore.
4. Additional Manager Operations, Lesco, Kot Lakhpat Division Lahore
5. Haji Abdul Rashid son of Muhammad Abdullah resident of 32/c Jail Road Lahore
CEO/owner of Baba Fareed steel mills.
DEFENDANTS
SUIT FOR DECLARATION
RESPECTFULLY SHEWETH;
1. The concise facts and circumstances are that the plaintiff purchased a land measuring 1K-
0M, Salam Khata 7K-12M, Qiatat 3, transfer share 20/152 i.e. measuring 1K-0M, falling
in Khewat No. 687, Khatooni No.1150, situated at Hadbast Mouza Gajju Matta, Tehsil
Model Town, Lahore through registered sale deed bearing document No. 2586, Book No.1,
Vol. No.9034 dated 27-01-2021, registered with Sub-Registrar Nishter Town, Lahore. The
copy of sale deed is attached.
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2. That it is pertinent to mention here that the plaintiff purchased this piece of land from
Humayun Rasheed out of his five Kanals land , which he purchased in auction conducted
with the orders of learned judge Banking court No.lll, Lahore in a suit No.212/1999 &
Execution No,37E /2000 titled Habib Bank. Ltd. vs. M/S. English Knitwear (Pvt). LtD etc.
as the said land was actually owned by the M/S. English knitwear (Pvt). Ltd etc. which
becomes defaulter of the bank and due to said reason M/S English knitwear (Pvt) Ltd etc
was mortgaged with the bank and same land was sold in open auction and said Hummayun
Rasheed was issued sale certificate by the court which was registered vide document No
. 11215, Book No.1, Vol. No. 6181, dated 21-04-2016 with Sub- Registrar Nishter Town,
Lahore. Copy of sale deed is attached.
3. That the plaintiff being bonafide purchaser of the land applied for the industrial Electricity
connection ( Three Phase / 60(KWh) with the defendant no. 3 & 4 vide application bearing
Tracking ID No. 11531016184, on 30-12-2020, but matter was kept lingered by the
defendant no. 3 & 4 on one pretext or the other and then plaintiff has been handed over an
letter which was issued on 11-01-2021 and it has been mentioned therein that already a
connection in the name of Anwar Ali Shah (M/S. Baba Fareed steel mills) was
disconnected from the land in question which was being used by the Haji Abdul Rasheed
because Anwar Ali Shah sold the land to Haji Abdul Rasheed and a sum of Rs. 149443674/-
is due, therefore, until the said due amount is not paid , no new connection can be installed
thereon.
4. That the plaintiff told the defendant no. 3 & 4 that the land purchased by the plaintiff is
different because the land purchased by the plaintiff falls in the khewet no. 687, old Khasra
number 522/1.2.3, new khasra numbers 613, 614, 615 while the land owned by Anwar Ali
Shah (M/S. Baba Fareed Steel Mills falls in khewet no. 79 old khasra number
2827/501/1/1/2 new khasra number 560, therefore, the land owned by the plaintiff situated
in different khewet and land owned by Baba Fareed steel mills situated in different khewet,
hence, the plaintiff has no connection to baba fareed steel mills but they are not ready to
listen genuine request of the plaintiff, hence this suit.
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5. That the plaintiff asked the defendant no. 3 & 4 that they should get report from defendant
no. 1 & 2 whether the land owned by the plaintiff has any connection to Baba Fareed steel
mills, but in this regard, no response by the defendant no. 3 & 4.
6. That the matter of removal of connection is between the defendant no. 3 to 4 & 5 because
the defendant no. 3 & 4 are claiming the arrears from the defendant no. 5 hence the land
owned by the plaintiff has no connection with the land owned by the defendant no. 5,
therefore, the plaintiff cannot be punished for the crimes if any committed by the defendant
no. 5 because being citizen of Pakistan, it is right of plaintiff to avail basic necessity of life.
7. That the plaintiff told the defendant no. 3 & 4 that the land owned by the plaintiff is free
from any liability and free from defaults, therefore, the request of the plaintiff for new
connection cannot be denied because under the law and constitution, the plaintiff cannot
be denied basic necessity of life but the defendants flatly refused to accede with the genuine
and lawful request of the plaintiff last week, hence this suit.
8. That the cause of arose firstly when the plaintiff applied for connection fo electricity and
secondly when the defendant no. 3 & 4 declined genuine and lawful request of the plaintiff
lastly when the plaintiff requested last week but defendant no. 3 again declined the request
of plaintiff, hence this suit.
9. That the suit property is situated at Lahore, hence this Hon’ able court has got jurisdiction
to adjudicate upon this suit.
10. That for the purposes of Jurisdiction the prescribed court fee will be affixed on the plaint
when directed by the honorable court.
PRAYER:
In view of above submissions, it is therefore, most respectfully prayed that a
decree for declaration may kindly be passed in favor of the plaintiff declaring that the land owned
by the plaintiff in khewet no. 687 is different from land owned by Baba Fareed steel mills in
Khewet no. 79.
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It is also prayed that it may be declared that the land owned by the plaintiff has no connection with
Baba Fareed Steel Mills.
It is further prayed that the defendant no. 3 & 4 may be directed to install the connection of
electricity of the plaintiff in the supreme interest of justice.
Any other relief which this Hon’ble Court deems fit may kindly be awarded.
PLAINTIFF
Through
M. Kashif Iqbal Sameer Ali
Advocate Advocate
Malik Dad Iqbal Khan
Advocate Advocate
Sana Ameer Ali
Advocate
VERIFICATION:
Verified on oath on this of 29th day of May, 2024 at Lahore that the contents of the above
paragraph No. 1 to 7 are true to the best of my knowledge and rest of the paragraphs are
correct to my information and belief
PLAINTIFF
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Note:
In Pakistan these laws deal with suit for declaration:
Specific Relief Act, 1877
• Section 42: Declaration of title
• Section 43: Declaration of non-existence of any right
• Section 44: Declaration of existence or non-existence of trust
Code of Civil Procedure, 1908 (amended in Pakistan)
• Order 7, Rule 7: Pleading of declaration
• Order 7, Rule 11: Suit for declaration and injunction
Transfer of Property Act 1882.
Section 53-A Protect the right of owner.
