THE PETITIONER WHO IS A REGISTERED BONAFIDE PURCHASER OF HOUSE FULLY MENTION AND DESCRIBED IN THE REGISTERED DEED ATTESTED BY SUB-REGISTRAR

BEFORE THE HONOURABLE CITY HIGH COURT, CITY

Writ Petition No. ________-A/0000

 

Name son of Name resident of Name, Tehsil & District Name.

 

…PETITIONER

 

VERSUS

  1. Name son of Name resident of P.O Name, Tehsil Name, District Name.
  2. Station House Officer (SHO) Police Station Name, Name.
  3. Additional District & Sessions Judge (East), Name.

 

…RESPONDENTS

 

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973 SEEKING DECLARATION / DIRECTION TO THE EFFECT THAT ORDER PASSED BY LEARNED ADDITIONAL DISTRICT JUDGE-IV, Name (EAST) DATED 00/00/0000 IN COMPLAINT UNDER SECTION 0/0 ILLEGAL DISPOSSESSION ACT, 0000 FILED BY COMPLAINT/ RESPONDENT NO. 0 BY ASSUMING THE JURISDICTION UNDER THE ACT IBID BY LEARNED COURT (RESPONDENT NO.0) DECLARING THE SAME AS MAINTAINABLE ON THE BASIS OF AN AGREEMENT TO SELL IN BETWEEN ONE MST. NAME IN FAVOUR OF Name (COMPLAINANT) DATED 00/00/0000 BEING A SELF STYLED, FABRICATED AND UNREGISTERED DOCUMENT, WITHOUT IN PLEADING THE SO-CALLED VENDOR AS NECESSARY PARTY AND BEING A LAWYER MANAGED TO LODGE REPORT AGAINST THE PETITIONER WHO IS A REGISTERED BONAFIDE PURCHASER OF HOUSE FULLY MENTION AND DESCRIBED IN THE REGISTERED DEED ATTESTED BY SUB-REGISTRAR City DATED 00/00/0000. HENCE, THE ACT OF RESPONDENT NO.0 FOR FILING A FRIVOLOUS REPORT AND SUBSEQUENT THE COMPLAINT UNDER SECTION 0/0 OF THE ACT IBID AND DECLARING THE SAME FOR THE PURPOSE OF MAINTAINABILITY BY THE LEARNED JUDGE RELYING ON AND UNATTESTED DOCUMENT, THAT TO WITHOUT PERUSAL THE REVENUE RECORD AND THE VERIFICATION OF PETITIONER REGISTERED DEED BY THE REVENUE AUTHORITY ON THE DIRECTION OF LOCAL POLICE AND WITHOUT IMPLEADING THE SO-CALLED VENDOR OF THE COMPLAINANT AS WELL AS THE OTHER CO-OWNER /CO-SHARER OF THE JOINT PROPERTY IS APPARENTLY ILLEGAL, UNLAWFUL, ARBITRARY, MALAFIDE, DISCRIMINATORY, MISREADING AND NON-READING OF ATTACHED RECORD, WITHOUT JURISDICTION, BEYOND JURISDICTION AGAINST THE PROVISION OF LAW ON THE SUBJECT AS MATTER RELATES TO CIVIL NATURE OR REVENUE HIERARCHY, HENCE, THE ORDER IMPUGNED BEING NON-SPEAKING ORDER, PASSED WITHOUT REFERRING ANY LAW OR THE DOCUMENTARY PROOF RELIED UPON BEING DECLARED NULL AND VOID AND COMPLAINT BE ORDERED TO BE DISMISSED. ANY OTHER ORDER/ RELIEF/ DIRECTION, WHICH THIS HONOURABLE COURT MAY DEEMED FIT AND PROPER IN THE CIRCUMSTANCE OF THE CASE MAY ALSO GIVEN.

========================================

It may it please your lordships; –

 

The facts giving rise instant constitutional petition are arrayed as under;-

 

  1. That petitioner is owner in possession of property / house described as; East- House Name, West- House of Name, North-Road, South-Road, Name No. 000, Name No. 0000, Name No. 0, measuring 0000 Kanal 00 Marlas out of which 0/00000 shares from Name i.e (00 Kanal 00 Marlas), Name No. 000, Name measuring 0000 measuring (00000 Kanal 00 Marla) from ownership column through Mutation No. 00000 sold /registered (ownership of Name) Name No. 000 Name No. 0000, Name No. 0 measuring (0000 Kanal 00 Marla) out of which 0/00000 shares right of Name area measuring (00 Kanal 00 Marlas) Name No. 000, Name No. 0000 to 0000, Name No. 0 measuring (000 Kanal 00 Marlas), out of which 00/00000 shares of Name measuring 00 Kanal 00 Marlas total transferred Shamlat rights to extent of (00 Kanal 00 Marlas), Khaiwat No. 000, Name No. 0000, measuring (00000 Kanal 00 Marlas) from ownership column through Mutation No. 00000 (sold registered) owned by Name total transferred right of Name (00 Kanal 00 Marlas) situated at Name, Tehsil & District Name according to the Fard prepared by Halqa Patwari dated 00/00/0000, through registered deed attested before Sub Registrar City dated 00/00/0000 from Name, Name and Name. (Copy of Registered Deed is appended as Annexure “A”).

 

  1. That petitioner after paying the sale consideration price to his vendors and after transferring house in his name through a valid registered Sale Deed got possession of the house which was only a structure, started its completion by investing huge amount.

 

  1. That, respondent No. 0 claiming himself as purchaser of the property from one Name widow of Name through an unregistered agreement to sell dated 00/00/0000 without showing the 00 sides of the House in question, lodged a report in Police Station Name, Islamabad on 00/00/0000, the local police called the petitioner who apprised the local police with the documentary proof and instead of finalizing the fate of report as the registered document was duly verified by the local police from the concerned quarter, the respondent No.0 instituted complaint under Section 0/0 of Illegal Dispossession Act, 0000 before the learned Sessions Judge City (East) which was entrusted to learned Additional District & Sessions Judge Court No. IV (East) City. (Copies of application dated 00/00/0000 and complaint is appended as Annexure “B” & “C” respectively).

 

  1. That, after receiving summons from the court, the petitioner alongwith his counsel appeared before the court on 00/00/0000, filed bail bonds and case was adjourned for 00/00/0000, the arguments on the point of maintainability raised by petitioner counsel were advanced and case was adjourned for 00/00/0000, and the learned court of Additional District & Sessions Judge-IV City vide a non speaking order admit the complaint for regular hearing. (Copies of the court order sheets are appended as Annexure “D”).

 

  1. That, feeling aggrieved of the illegal, unlawful, arbitrary, malafide, without jurisdiction and beyond jurisdiction order passed by Additional District & Sessions Judge –IV, City comes to invoke the extra ordinary jurisdiction of this Month Court by way of instant constitutional petition, under the law inter-alia, amongst many other; –

 

GROUNDS; –

 

  1. That, the proceeding initiated by respondent No.0 either before the local police or by way of complaint under Section 0/0 Illegal Dispossession Act, 2005 and subsequently declaring the complaint as maintainable by the learned Additional District Judge-IV, City are apparently illegal, unlawful, arbitrary, malafide, “corum-non-judis”, without jurisdiction and beyond jurisdiction and abuse of process of law and are liable to be struck down.

 

  1. That, matter in issue is purely of civil nature and the respondent No. 0 who claimed to be a purchaser through an unregistered document dated 00/00/0000 from one Name who happened to be owner of a joint property measuring 000 of Kanal, strangingly neither Name was associated in the report before the police station as well as in the instant complaint as a necessary party to proceeding nor other co-owner/ co-sharer were impleaded as party, hence, the matter has been initiated before the forum having no jurisdiction whatsoever under the law to proceed in, hence, the entire procedure adopted by respondent No.0 is nothing else but to grab the respectable citizen who invested million of rupees on the purchase of a House and got the registered deed duly attested by Sub- Registrar City.

 

  1. That, the learned court of Additional District & Sessions Judge-IV (East) City was apprised by the petitioner’s counsel at the time of arguments with documentary and registered evidence but were not considered apart from legal and factual hindrance in the complaint but neither were considered by the court nor gave any findings by applying the judicious mind through the impugned non speaking order which is not only nullity in the eye of law but same is unwarranted and unprecedented, hence, liable to b e struck down.

 

  1. That, section of law according to which the complaint was filed by respondent No. 0 has no nexus with the ground realities as the bare reading of Section 0 of the Act ibid, the same is reproduce for the ready reference; “no one shall enter into or open any property to dispossess, grab, control or occupy it without having any lawful authority to do so with the intention to dispossessed, grab, control or occupy the property from owner or occupier of such property”, gave entirely a different view, as the petitioner is a bonafide purchaser of the property having lawful authority as the property/ house has been transferred through a valid Registered Deed in the name of the petitioner and attested by the Sub Registrar City.

 

  1. That, the learned court of Additional District & Sessions Judge-IV (East) City erred grave in justice by passing the order that too without exercising its judicious mind and without considering the record which amounts to misreading and non reading of available record and law on the subject and is liable to be struck down.

 

  1. That, orders impugned being a non speaking order has no binding effects upon the basic legal and fundamental rights of the petitioner being a bonafide purchaser and protected under the law and the constitution.

 

  1. That, there is no other, adequate remedy available except the instant petition.

 

  1. That the court fee of stamp paper worth
    500/- is attached herewith.

 

It is therefore, most respectfully prayed that by accepting the instant writ petition the order impugned passed by the learned Additional District & Sessions Judge–IV  city East/ (respondent No. 0) may graciously be ordered to be struck down and respondent No. 0 be directed to approached the proper forum under the law for his grievance (if any). Any other order/ direction/ relief which this Honourable Court may deemed fit and proper under the law be also given in the circumstances.

 

INTERIM RELIEF;

 

The petitioner having prima facie, arguable case in his favour, the burden of inconvenience also tilts in favour of the petitioner, the petitioner is facing irreparable loss due to unlawful acts of respondent No. 0 the operation of order impugned may graciously be ordered to be suspended alongwith the proceedings carried out in the court of Additional District & Sessions Judge-IV City East be ordered to be stayed till the final disposal of the titled petition.

 

 

 

…PETITIONER

Through

 

Dated: _________/0000

(Name)

Advocate Supreme Court of Pakistan,

City

 

 

VERIFICATION:-

Verified on oath that the contents of forgoing writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein from this Honourable Court

…PETITIONER

BEFORE THE HONOURABLE CITY HIGH COURT, CITY

 

 

Writ Petition No. ________-A/0000

 

 

 

Name son of Name resident of Name Tehsil & District Name.

 

…PETITIONER

 

 

VERSUS

 

 

Name son of Name resident of P.O Name District Name and others.

…RESPONDENTS

 

 

WRIT PETITION

 

 

AFFIDAVIT

 

 

I, Name son of Name resident of Name Tehsil & District Name, do hereby solemnly affirm and declare that the contents of foregoing writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein from this Honourable Court.

 

D E P O N E N T

 

 

BEFORE THE HONOURABLE CITY HIGH COURT, CITY

 

 

Writ Petition No. ________-A/0000

 

 

 

Name son of Name resident of Name Tehsil & District Name.

 

…PETITIONER

 

 

VERSUS

 

 

Name son of Name resident of P.O Name District Name and others.

…RESPONDENTS

 

 

WRIT PETITION

 

 

CERTIFICATE

 

 

 

Certified that no such like writ petition has earlier been filed, nor decided by this Honourable Court.

 

…PETITIONER

Through

 

Dated: _________/0000

(Name)

Advocate Supreme Court of Pakistan,

City

 

 

 

 

 

 

BEFORE THE HONOURABLE CITY HIGH COURT, CITY

 

 

Writ Petition No. ________-A/0000

 

 

 

Name son of Name resident of Name Tehsil & District Name.

 

…PETITIONER

 

 

VERSUS

 

 

Name son of Name resident of P.O Name District Name and others.

…RESPONDENTS

 

 

WRIT PETITION

 

LIST OF BOOKS

 

 

 

  1. Constitution of Islamic Republic of Pakistan, 1973.

 

 

  1. Other relevant law books shall be cited at bar.

 

 

 

 

…PETITIONER

Through

 

Dated: _________/0000

(Name)

Advocate Supreme Court of Pakistan,

City

 

 

 

 

 

BEFORE THE HONOURABLE CITY HIGH COURT, CITY

 

 

Writ Petition No. ________-A/0000

 

 

 

Name son of Name resident of Name Tehsil & District Name.

 

…PETITIONER

 

 

VERSUS

 

 

Name son of Name resident of P.O Name District Name and others.

…RESPONDENTS

 

WRIT PETITION

 

ADDRESSES OF THE PARTIES

 

Respectfully Sheweth:-

Addresses of the parties are as under:-

 

Name son of Name resident of Name Tehsil & District Name.

…PETITIONER

VERSUS

 

  1. Name son of Name resident of P.O Name, Tehsil Name, District Name.
  2. Station House Officer (SHO) Police Station Name.
  3. Additional District & Sessions Judge (East), Name.

…RESPONDENTS

 

 

…PETITIONER

Through

 

Dated: _________/0000

(Name)

Advocate Supreme Court of Pakistan,

City

BEFORE THE HONOURABLE CITY HIGH COURT, CITY

 

 

Writ Petition No. ________-A/0000

 

 

 

Name son of Name resident of Name Tehsil & District Name.

 

…PETITIONER

 

 

VERSUS

 

 

Name son of Name resident of P.O Name District Name and others.

…RESPONDENTS

 

WRIT PETITION

 

INDEX

 

S. # Description Page # Annexures
1. Writ petition with affidavit and certificate 1 to 13  
2. List of Books 14  
3. Addresses of the parties 15  
4. Copy of Registered Deed   “A”
5. Copies of application dated 00/00/0000   “B”
6. Copy of complaint   “C”
7. Copies of the court order sheets   “D”
8. Court fee stamp paper wroth Rs. 500/-    
9. Wakalatnama    

 

 

 

 

…PETITIONER

Through

Dated: _________/0000

(Name)

Advocate Supreme Court of Pakistan,

City

 

 

 

Author: admin