SUIT FOR PARTITION AND MESNE PROFITS



SUIT FOR PARTITION AND MESNE PROFITS SAMPLE

IN THE HIGH COURT OF SINDH AT KARACHI 
Suit No. /2011 


Faheem Siddiqui s/o (Late) Shakeel Siddiqui, Muslim, Adult, permanent r/o House No. 138/24-A, Street No. 28, Sector H-7/1, Islamabad, currently residing at Bungalow No. 43, Khayaban-e-Itehad, Defence Housing Society, Karachi. -------------- PLAINTIFF 
 
VERSUS

1. Wahab Siddiqui, s/o (Late) Shakeel Siddiqui, Muslim, Adult, r/o 8/71-H, Block III, P.E.C.H.S., Karachi. 

2. Shahida d/o (Late) Shakeel Siddiqui, Muslim, Adult, r/o Sadiq-a-Jahan Street, Near Masjid Sadiq-a-Jahan Mohala, Zeeshan Colony, Millad Chowk, Dhok Chudharian, Rawalpindi. 

3. Aarifa d/o (Late) Shakeel Siddiqui, Muslim, Adult, r/o House No. AP-32/9, Street 9, near Almarouf Street, Shallay Valley, Rawalpindi.

4. Madiha d/o (Late) Shakeel Siddiqui, Muslim, Adult, r/o I-6, 1st Floor, Phase IV, Block III, Regency Apartments, adjacent to Saqib Utility Store, Gulshan-e-Iqbal, Karachi. 

5. Hafeezuddin s/o (Late) Shakeel Siddiqui, Muslim, Adult, r/o Quarter No. 134-G, Sector H-3/1-4, Islamabad. 

6. Pakistan Employees Co-operative Housing Society Through its Honorary Secretary, Having office at Office No. 43, Jamshed Centre, Block-IV, Shahrah-e-Quaideen, Karachi. ----------- DEFENDANTS 

SUIT FOR PARTITION AND MESNE PROFITS 

The Plaintiff named hereinabove respectfully submits: 

1. That the Plaintiff and the Defendants No. 1 to 5 are all real brothers and sisters and are the surviving legal heirs of Shakeel Siddiqui (hereinafter referred to as the Deceased) who died intestate on 11/09/1998 and was predeceased by his wife Mst. Ghausia Khatoon, who died on 31/03/1987. It is submitted that the Deceased left behind two immovable properties, i.e., Plot No. 280, Sector A-122/9, Islamabad and House No. 8/71-H, Block III, admeasuring 400 square yards, PECHS, Karachi (hereinafter referred to as the “subject property”). 
                    (Photocopy of Death Certificate is attached herewith and marked as Annexure “P-1”) 

2. That the Defendant No. 6 (hereinafter referred to as the Society) is the authority vested with the powers of maintaining and preserving the record(s) and official document(s) with respect to the immovable properties situated within the territorial bounds of the Society, in conjunction with running the affairs of the same keeping in line with the rights and liberties of the members thereof, as per Law. It is, therefore, that the Society was intimated of the demise of the Deceased by his surviving legal heirs and thus, necessary transfer/mutation entries were affected in favour of the Plaintiff and the Defendants No. 1 to 5 vide a Memorandum dated 13/12/2004, bearing Reference No. PECHS/16476/45258/94. 
                        (Photocopy of Memorandum dated 13/12/2004 is attached herewith and marked as Annexure “P-2”) 

3. It is respectfully submitted that the Deceased exercised all proprietary rights, titles and interests in the two properties mentioned hereinabove. It is, therefore, that, on 10/01/2011, a civil suit seeking partition, rendition of accounts for recovery of rental income value/profit/compensation equivalent as per Islamic Shariah Law was filed by the Plaintiff and the Defendant No. 2 herein before the Learned Senior Civil Judge Islamabad with respect to the property mentioned at Serial (i) hereinabove. 
                        (Photocopy of Plaint is attached herewith and marked as Annexure “P-3”) 
HOW TO WRITE SUIT FOR PARTITION AND MESNE PROFITS
4. That the Defendants No. 1, 3, 4 and 5 herein were served with court notices/summons. It is, however, pertinent to mention at this juncture that the Defendant No. 1 was in constructive possession of the property situated in Islamabad and had let out the same for a rental consideration, which was not distributed and / or shared between the legal heirs of the Deceased in accordance with their share as per Sharia, while the property situated in Karachi is in the physical possession of the Defendant No. 1, who is utilizing and occupying the same currently. However, the parties amicably settled the matter out of Court and the Civil Suit in question was withdrawn by the Plaintiff and the Defendant No. 2 herein vide Order dated 12/08/2011, as the same had sufficed its purpose. 
                    (Photocopy of Order dated 12/12/2007 in Suit is attached herewith and marked as Annexure “P-4”) 

5. That, however, subsequent to the disposal of the Civil Suit before the Learned Senior Civil Judge Islamabad, the Plaintiff along with the Defendants No. 2, 3, 4 and 5 sought distribution/attainment of their shares as prescribed by Sharia in the subject property from the Defendant No. 1 who, as stated hereinabove, is in physical possession of the same, along with the title documents thereof and is currently utilizing and occupying the same, against which the Plaintiff demands Rs. 1000/- (Rupees One Thousand Only) per day from the date of demise of the Deceased, i.e., 10/04/1994, till disposal of the instant Suit as mesne profit/occupational charges. However, one on false pretext or another, the Defendant No. 1 has sought to delay the eventual outcome with frivolous promises and undertakings to give effect to the same, which promises and undertaking have never been acted upon. 

6. That after having exhausted all possible remedies and having tried to resolve the matter amicably, and on the Defendant No. 1’s defiance and false promises, the Plaintiff is constrained to seek distribution/attainment of his share in the Subject Property through this Hon’ble Courts intervention. It is submitted that a legal notice in this regard was also sent to the Plaintiff. 
                        (Photocopy of the legal notice is attached herewith and marked as Annexure “P-5”) 

7. That the Subject Property falls squarely within the meaning of a dwelling house as prescribed via the Partition Act, 1893 and hence, is un partitionable / indivisible. It is, therefore, necessary that this Hon’ble Court orders sale of the same, followed by distribution of the proceeds between the legal heirs of the Deceased as per their share prescribed by Sharia, whilst granting them their respective right of first refusal. Even otherwise, the Plaintiff apprehends that the Defendant No. 1 may surreptitiously dispose of the Subject Property and deny the Plaintiff his vested right of inheritance. Hence, this Suit. 

8. That the cause of action accrued to the Plaintiff on 10/04/1994, upon demise of his predecessor, in as much as, the same being a continuous cause of action shall subsist with the Plaintiff till such time the relief prayed for is accordingly granted in favour of the Plaintiff. 
HOW TO WRITE SUIT FOR PARTITION AND MESNE PROFITS (LAW PARHO)
9. That for the purposes of Court Fee and jurisdiction, the Subject Property is valued at Rs. 20, 000, 000/- (Rupees Twenty Million Only) and falls within the pecuniary jurisdiction of this Hon’ble Court and hence, ad valorem court cee is affixed herewith. That the Subject Property is situated within the bounds of P.S ______________________________________, which falls within the territorial jurisdiction of this Hon’ble Court. 

PRAYER 

It is, therefore, in the interest of justice, good conscience and equity prayed that this Hon’ble Court would be pleased to pass a Judgment and Decree accordingly and to: 

a. Grant a preliminary Decree in favour of the Plaintiff by appointing a Commissioner in order to ascertain the divisibility as well as the determination of the value of the subject property as per the prevalent market price(s). 

b. Order partition of the subject property, whilst granting the parties hereto their right of first refusal. 

c. Direct the Defendant No. 1 to compensate the Plaintiff with mesne profit/occupational charges at the rate of Rs. 1, 000/- (Rupees One Thousand Only) from 10-04-1994 till final disposal of the instant Suit. 

d. Any other, better, further and/or equitable relief that this Hon’ble Court may deem fit, proper and necessary given the prevalent circumstances. 

e. Cost of the Suit may kindly be awarded.

K A R A C H I                                              (SAJID MIR)

Dated 00.00.0000                              Advocate for the applicant

CERTIFICATE

This is to certify that this is a first application for partition and mesne profits and no such application of same nature has been preferred by undersigned on behalf of the present applicant.

K A R A C H I                                              (SAJID MIR)

Dated 00.00.0000                              Advocate for the applicant

  • Document(s) filed: Annexure ‘P-1 to P-5’ 
  • Document(s) relied upon: Annexure ‘P-1 to P-5’and all other documents that are necessary and relevant to the subject matter.
  • Address for service: As mentioned in the Title. 
  • Address for the Plaintiff’s counsel: As mentioned in the Vakalatnama
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