IN THE COURT OF ISMAIL JASRA, CIVIL JUDGE RAWALPINDI

Munir Ahmed, etc. VERSUS Malik Muhammad Riaz etc.

SUIT FOR DECALARATION CANCALLATION PERMINANT AND

MANDATORY INJUNCTION

WRITTEN STATEMENT ON THE BEHALF OF DEFANDANT No. 8,

MESS BAHRIA TOWN:

Preliminary Objections:-

1. That the instant suit is not within time.

2. That plaintiffs have no Locus Standi to file the instant suit.
3. That the suit is neither maintainable nor proceed able.
4. That suit is barred by law. The plaint does not disclose any

cause of action. The suit has not properly been valued for

purposes of court fee and jurisdiction. Thus the plaint is liable

to be rejected under Order 7 Rule 11 cpc .

5. That the suit is malafidely and has only being filed to deprive the

answering defendant from its valuable which has being

purchased bonafidely, with consideration.

6. That suit is hit by proviso to Section 42 Specific Relief Act.
7. That the plaintiff had not come to the court with clean hands.

They have suppressed material facts from this honorable court

rather they have based their suit on false accretions

8. That the plaintiffs are estopped from their own words, deeds and

conduct from filling instant suit.

On Merits:

1. Para 1 is denied.
2. Para 2 is denied as stated. Answering defendant

purchased/acquired land more than four thousand Kanals in

Moza Selkhetar, Tehsil Murree, District Rawalpindi, which

had dully been mutated in favor of answering defendant and

incorporated in record of rights and periodical record. Out of

above said purchased land, answering defendant lawfully

transferred land measuring 270 Kanals in favor of defendant

No 2 to 4 through mutation No. 966 attested on 26-7-2007.

Actual and physical possession of land so

purchased/acquired through award dated 21-07-2007, was

obtained at the site and established a housing project known

as Golf City. Answering defendant develop his entire land.

Roads and streets have been laid. All the facilities and

amenities such as Sewerage Lines, Sewerage Disposable

Plant, Sui Gas, Electricity and Telephone Lines have been

 erected. Hundreds of villas have been constructed. Parks

Mosque and other public amities have being established Five

Star Hotel is being constructed. Villas have been sold/allotted

to hundreds of allotees who have being delivered actual and

physical possession.
3. Para 3 is denied. Mutation numbers 821, 822, 823, 836, 837,

851, 852, 858, 863, 865, 869, 870, 884, 945, 946, 949, 952,

953, 954, have been sanctioned in favor of answering

defendant in which all the above said Khasra numbers have

been included. Mutation No. 966 was sanctioned in column of

ownership.
4. Para 4 is absolutely incorrect hence denied vehemently. The

plaintiffs have no subsisting rights, title or interest in the suit

land.
5. Para 5 is correct to the extent that answering defendant not

only purchased thousands Kanals of land but also acquired

land measuring 659 Kanals 13 Maralas through award dated

21-07-2007 which has been declared valid by Honorable

Supreme Court of Pakistan vide its ordered dated 10 -11-

2008. Mutation on the bases of award has been sanctioned.

Entire cost of land mentioned in the award has been

deposited with Land Acquisition Collector. Qabiz-ul-wasool

had already been prepared.

 6. Para 6 is absolutely incorrect hence denied vehemently.

Mutation No 966 was lawfully sanctioned and incorporated in

record of rights.
7. Para 7 is denied.
8. Para 8 is denied.
9. Para 9 is correct to the extent that answering defendant

purchased land through 20 different mutation mentioned

which were sanctioned with reference to with Khewat No. 133

and 134 in which all the Khasra numbers mentioned in this

Para are included. Rest of the Para is denied vehemently.

10. Para 10 is denied in view of detail submission made above.
11. Para 11 is denied in view of detail submission made above.
12. Para 12 is denied in view of detail submission made above.
13. Para 13 is denied in view of detail submission made above.
14. Para 14 is denied vehemently.
15. Para 15 is denied.
16. Para 16 is denied. Plaintiffs have no cause of action.
17. Para 17 is denied.
18. Para 18 is denied.

It is therefore, respectfully prayed that the suit of plaintiffs be

dismissed with special cost.

Defendant No 8( Haji Amjad Vc land)

Through

MUHAMMAD ILYAS SHEIKH

ADVOCATE SUPREME COURT PAKISTAN

AYESHA HAMEED RANA MUHAMMAD TAIMUR MALIK

ADVOCATE HIGH COURT ADVOCATE HIGH COURT

Verification:

Verified on Oath at Rawalpindi on this ___ day of ____ 2016 that

contents of affidavit are true and correct to the best of my knowledge
and belief and nothing has been concealed.