SUIT FOR PERMANENT & MANDATORY INJUNCTION



SUIT FOR PERMANENT & MANDATORY INJUNCTION SAMPLE


IN THE COURT OF IVth SENIOR CIVIL JUDGE KARACHI (EAST) 
Suit No. /2009 
Syed Ahmed Ali, s/o Syed Nadir Ali, Muslim, Adult, r/o House No. 4, 
Dadabhoy Centre, Shahrah-e-Faisal, Karachi. ------------------------------------- PLAINTIFF 
VERSUS
1. Ahmed Aziz s/o Faraz Aziz, Muslim, Adult, r/o S-10, Block No. III, K.A.E.C.H. S, Karachi. 
2. The Station House Officer, P.S. Darakhshan, Karachi. -------------------- DEFENDANTS 

SUIT FOR PERMANENT & MANDATORY INJUNCTION 

The Plaintiff named hereinabove respectfully submits as under: 

1. That the Plaintiff is a respectable and law-abiding citizen, engaging in lawful trade and businesses. It is submitted that in order to acquire a commercial premise in order to conduct his trade and businesses, the Plaintiff entered into an Agreement of Tenancy dated 09/02/2008 with the Defendant No. 1, for Commercial Shop bearing No. 11, located on Ground Floor, measuring 1110 square feet approximately, situated on Plot No. 12-M, Faizan Commercial Lane No. 12, Phase VIII, Defence Housing Authority, Karachi (hereinafter referred to as the “subject property”) at a monthly rent of Rs. 15, 000/- (Rupees Fifteen Thousand Only). 

2. It is further submitted that through the Agreement of Tenancy dated 09/02/2008, the Plaintiff had extended a sum of Rs. 135, 000/- (Rupees One Lac Thirty-Five Thousand Only) out of which Rs. 45, 000/- (Rupees Forty Five Thousand Only) was paid as advanced rent for three (03) months and Rs. 90, 000/- (Rupees Ninety Thousand Only) as a fixed security deposit refundable when the subject property is handed over by the Plaintiff to the Defendant No. 1. It is humbly stated that the amount of Rs. 135, 000/- (Rupees One Lac Thirty-Five Thousand Only) is still lying with the Defendant No. 1 and is payable by the Defendant No. 1 to the Plaintiff. 
                (Photocopy of Agreement of Tenancy is attached herewith & marked as Annexure ‘P1’) 

3. That the Plaintiff has been making regular payments of monthly rent for which the Defendant No. 1 has issued valid receipts, the last such receipt being issued on 30/06/2009. 
              (Photocopy of Receipt is attached herewith & marked as Annexure ‘P-2’) 

4. It is submitted that due to the sudden and fictitious upsurge and increase in the market price of rentals, the Defendant No. 1 has, during the pendency of an already legitimate and valid Agreement of Tenancy, which has inadvertently been extended after the Defendant No. 1 has received rent till the month of June 2009 at an enhancement of 10% of the principal amount paid as rent earlier, with malafide intentions, sought to illegally dispossess the Plaintiff from the subject property without adopting the due processes of Law and with the use of criminal elements and has resorted to extending threats to the Plaintiff with dire consequences to his life and liberty and has done so in order to derive illegal and immoral financial benefits from the Plaintiff. It is stated that the Plaintiff, without fail, has reported the above stated illicit acts and illegalities committed by the Defendant No. 1 with the Defendant No. 2 through a formal Complaint dated 02/07/2009, which Complaint has been put in abeyance by the Defendant No. 2 for reasons best known and reserved with the Defendant No. 2.
                 (Photocopy of Complaint is attached as Annexure ‘P-3’) 

5. It is submitted on behalf of the Plaintiff that the illegal conduct of the Defendant No. 1 is barred by the settled principles of Law and prevalent rules and customs, which restricts the Defendant No. 1 from seeking to illegally dispossess the Plaintiff without adopting the due processes of Law, whilst a valid and legitimate Agreement of Tenancy is in existence. It is further submitted that the Defendant No. 1 has continuously sought to cause wrongful damage, loss and devastation to the Plaintiff by approaching the Plaintiff at his premises and his place of business, accompanied by various criminal elements, which has also created hindrances for the Plaintiff in conducting his business and has caused the Plaintiff to suffer financial losses. 

HOW TO WRITE SUIT FOR PERMANENT & MANDATORY INJUNCTION?

6. That the illicit actions of the Defendant No. 1 have caused unwarranted grief and agony to the Plaintiff, as well as financial losses, for which the Plaintiff reserves his right to initiate proceedings before a Court of competent jurisdiction and seek damages and compensation for the mental and physical anguish suffered by the Plaintiff at the hands of the Defendant No. 1. It is submitted that in spite of having lodged a formal Complaint with the Defendant No. 2, the Defendant No. 1 has continued to seek realization of his malafide intentions, designed to cause wrongful damage to the Plaintiff. It is further submitted that the Defendant No. 2 has failed to perform his duties bestowed upon him by the Statute and has failed in taking cognizance of the illegalities and immoral acts committed by the Defendant No. 1. 7. That on 10/09/2009, the Defendant No. 1, accompanied by several criminal elements, again approached the Defendant No. 1 and threatened him to vacate the subject property with the eventuality of subjecting the Plaintiff to dire consequences concerning the life and liberty of his self and his family members. It is submitted that the Plaintiff immediately approached the Defendant No. 2 and lodged yet another Complaint dated 10/09/2009, which has also been put in abeyance by the Defendant No. 2, who seems to be in collusion with the Defendant No. 1 in the performance of such illegal and immoral acts. 
                        (Photocopy of Complaint is attached as Annexure ‘P-4’) 

8. That the Plaintiff is a bonafide occupant of the subject property and has been tendering rent to the Defendant No. 1 against which the Defendant No. 1 has issued valid receipts. However, in order to realize his malicious and ill intending motives, the Defendant No. 1, in collusion with criminal elements and the Defendant No. 2, is seeking to illegally dispossess the Plaintiff from the subject property without adopting the due process of Law and during the pendency of a valid and legitimate Agreement of Tenancy, which is in derogation off and against all settled principles of Law. Hence, this suit. 

9. That the cause of action accrued to the Plaintiff firstly on 09/02/2008, when the Agreement of Tenancy was executed between the Plaintiff and the Defendant No. 1, secondly on 30/06/2009 and finally on 10/08/2009, when the Plaintiff was approached by the Defendant No. 1 accompanied by various criminal elements seeking to illegally dispossess the Plaintiff from the subject property. The cause of action, however, being continuous, shall subsist in favour of the Plaintiff till such time the relief prayed for is accordingly granted. 10. That the subject property is situated within the limits and bounds of P.S. __________________________________, which falls within the territorial jurisdiction of this Hon’ble Court. For the purposes of court fee, the instant suit is valued at Rs. ___________________________________ only and said Court fee is affixed herewith 

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 as follows: 

a. Grant a permanent injunction restraining the Defendant No. 1 and / or any other person(s) acting under, through or in his behalf from illegally dispossessing the Plaintiff from the subject property, without adopting the due processes of Law. It is further humbly prayed that this Hon’ble Court would be pleased to restrain the Defendant No. 1 and/or any other person(s) acting under, through or in his behalf from hindering the workings of the Plaintiffs business being conducted on the subject property; 

b. Grant a mandatory injunction directing the Defendant No. 2 and/or any other person(s) acting under, through or in his behalf from following the procedure as prescribed by Statute and to perform their duties under the Law by investigating upon the lodged by the Plaintiff against the Defendant No. 1; 

c. Any other, better, further, equitable and/or consequential relief that this Hon’ble Court may deem fit, proper and necessary given the prevalent circumstances; & d. Costs of the suit may kindly be awarded. 

Karachi                                                                                              PLAINTIFF

Dated: 30/10/2009                                                   ADVOCATE FOR  THE PLAINTIFF 

VERIFICATION 

I, Syed Ahmed Ali, s/o Syed Nadir Ali, Muslim, Adult, r/o House No. 4, Dadabhoy Centre, Shahrah-e-Faisal, Karachi, holding CNIC No. 46852- 6532152-7, do hereby affirm that whatever is stated above is true and correct to the best of my knowledge and belief. 

                                                                                                                    DEPONENT 

Identified by me. 

                                                                                                                    ADVOCATE

  • Document(s) filed: Annexure ‘P-1 to P-4’ 
  • Document(s) relied upon: Annexure ‘P-1 to P-4’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 
Drafted by me
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