IN THE COURT OF EISHAM ALAM CIVIL JUDGE, ISLAMABAD (WEST)

Ranaz Hussain Versus Mumtaz khan

SUIT FOR POSSESSION ETC

WRITTEN STATEMENT ON BEHALF OF DEFENDANT NO. 2

Preliminary Objections:-

1. That instant suit is neither maintainable nor proceedable.

2. That plaintiff has got no locus standi to file instant suit.

3. That plaintiff has filed suit on the basis of forged and fabricated

documents. He has not approached this Honourable with clan hand

hence he is not entitled to any relief.

4. That plaintiff has, deliberately undervalued the suit for the purpose of

court fee and jurisdiction as is evident from the nature of the suit and its

contents. Hence the plaint is liable to be rejected straightaway on this

score alone.

5. That the instant suit is liable to be stayed under Section 10 C.P.C. as

another suit titled Mumtaz khan Vs Mst. Parveen Begum Kanayi in

respect of suit property between the same parties is pending before this

Honourable court having jurisdiction over the matter.

ON MERITS

1. Para No. 1 is not related to answering defendant hence needs no reply.

2&3. Paras No. 2 and 3 are absolute incorrect hence denied. Answering

defendant neither entered into any sale agreement with plaintiff nor

received any sale consideration. The fact of the matter is that plaintiff,

while acting as representative/nominee of defendant No. 1, approached

answering defendant in order to transfer the suit property in favour of

defendant No. 1 and payment of remaining sale consideration to

answering defendant. Defendant No. 1 also instructed answering

defendant, who is totally an illiterate Pardanasheen lady, to do the needful.

Accordingly, answering defendant put her thumb impression on the various

documents/forms, without knowing their contents, and appeared before the

concerned officials of defendant No. 3 under the above said circumstances

and put her thumb impressions in the relevant documents, again without

knowing their contents, during the said proceedings. On acquiring the

knowledge of connected suit titled Mumtaz khan versus Parveen Begum,

answering defendant inspected the file of said suit and obtained necessary

copies. When answering defendant engaged her counsel, who, after going

through the plaint of above mentioned suit as well as other material

documents appended with the said plaint, shocked to know that plaintiff

committed fraud and criminal breach of trust with answering defendant and

through misrepresentation got the suit property transferred in his own

favour although answering defendant neither, of her own free will, sold

away the suit property to plaintiff nor received any consideration from him.

The alleged sale transection/ agreement as well as entire proceedings for

transfer of suit property in favour of plaintiff and thumb impression on all

the relevant documents in this behalf are totally forged and fabricated. The
alleged transection even otherwise is void ab-initio for want of

consideration. Factually answering defendant entered into sale agreement

with Muhammad Sagheer Malik on 26-08-08. Her son namely Sajjad

Akhtar Kayani accompanied her in the above mentioned transaction and

received part sale consideration from him. Answering defendant remained

throughout willing to perform her part of the contract dated 26-08-08

executed in favor of Muhammad Sagheer Malik subject to payment of

remaining sale consideration. Answering defendant had delivered actual

and physical possession of suit plot to Muhammad Sagheer Malik in

pursuance of contract dated 26-08-08 who paid an amount of Rs.

10,00,000/- through cheque No. CA0004857297 drawn on Faysal Bank

Limited I 10 Markaz, Islamabad in the name of her son namely Sajjad

Kayani as earnest money at the time of execution of said contract which

was duly en-cashed. Muhammad Sagher Malik further paid an amount of

Rupees One Corer to answering defendant through pay order No.

0134586 dated 25-08-08 drawn on Faysal Bank Ltd which was also en-

cashed. It was acknowledged by answering defendant in agreements

dated 26-08-08 and 29-11-08. The said Muhammad Sagheer Malik entered

into sale agreement of suit plot with defendant No. 1 against sale

consideration of Rs. 2,25,00,000/- and received Rs. 1,07,00,00/- through

Pay Order No. 2728492 dated 04-12-08 drawn on bank Al-Habib I-8

Markaz, Islamabad and Rs. 40,00,000/- cash and delivered actual and

physical possession of said plot to defendant No. 1 which was

acknowledged by answering defendant. In the said transfection it was

agreed between Muhammad Sagher Malik and defendant No. 1 that

remaining sale consideration of Rs. 77,50,000/- would be paid by

defendant No. 1 to answering defendant as per original dated 26-08-08.

Thus defendant No. 1 stepped into the shoes of said Muhammad Sagher

Malik being assignee in interest who also raised superstructure over the

suit plot and got installed connections by incurring cost from his own

source and also paid out standing dues in respect of suit plot amounting to

Rs. 26,33,831/- as demanded by defendant No. 3 vide letter dated 17-04-

10 in order to issue NOC. Hence defendant No. 1 is now in possession of

suit property in performance of above said sale agreements. She put her

thumb impression on all the documents and participated in the

proceedings in the transfer of suit property before defendant No. 3 under

the instruction of defendant No. 1 only to transfer the suit property in favour

of defendant No. 1 however, plaintiff committed fraud and cheated her and

got the suit property transferred in his own name through said

proceedings. Plaintiff got a valuable security viz: transfer documents

executed through misrepresentation and by practicing fraud taking the

benefit of illiteracy of answering defendant being Pardanasheen lady and

using the said documents as genuine hence he committed offences under

Sections 406, 420, 467, 468 and 471 PPC. Answering defendant is

initiating necessary criminal proceedings against plaintiff in this regard.

4. Para No. 4 is correct to the extent that defendant No. 1 is possession of

suit property. Rest of the para is denied in view of detailed submissions

made above.

5. Para No. 5 is denied in view of detailed submissions made above.

 6. Para No. 6 is denied.

7. Para No. 7 is denied. Plaintiff has got no cause of action.

8. Territorial jurisdiction of this Honourable court is not denied.

9. Para No. 9 is denied.

It is, therefore, respectfully prayed that suit of plaintiff may graciously

be dismissed.

Answering defendant

Through

Robina Shaheen
Advocate Supreme Court

Verification:
Verified at Islamabad on oath on ___ day of __________ 2015 that contents
of this written statement are true and correct to the best of my knowledge and
belief and nothing has been concealed.

Answering defendant
IN THE COURT OF EISHAM ALAM CIVIL JUDGE, ISLAMABAD (WEST)

Ranaz Hussain Versus Mumtaz khan

SUIT FOR POSSESSION ETC

Petition UNDER ORDER XXXIX RULE 1 & 2 READ WITH SECTION 151
C.P.C

Written Reply on behalf of Answering Respondent

1. Para No.1 is correct regarding the filing of suit before this Honourable

Court.

2. Para No. 2 is denied vehemently. Petitioners have no prima facie case.

3. Para No. 3 is denied vehemently.

4. Para No. 4 is denied vehemently. That bare perusal of the contents of

the plaint does not disclose cause of action against the answering

respondent/defendant hence there is no possibility of suffering any

irreparable loss by the petitioner.

It is therefore most respectfully prayed that the instant petition may

graciously be dismissed and the suit be tried on merits.

Answering respondent

Through

Robina Shaheen
Advocate Supreme Court
 IN THE COURT OF EISHAM ALAM CIVIL JUDGE, ISLAMABAD (WEST)

Ranaz Hussain Versus Mumtaz khan

SUIT FOR POSSESSION ETC

Petition UNDER ORDER XXXIX RULE 1 & 2 READ WITH SECTION 151
C.P.C

Written Reply on behalf of Answering Respondent

AFFIDAVIT

I, _____________________________son of
___________________________, resident
of_______________________________________________________ do,
hereby, solemnly affirm and declare as under:-

1. That instant written reply has been drafted under my instruction and I

adopt its contents as true and correct to the best of my knowledge and

belief.
2. That this affidavit may kindly be read as integral part of accompanying

written reply.

DEPONENT
VERIFICATION

Verified on Oath at Islamabad on this ___ day of ____ 2015 that contents of
affidavit are true and correct to the best of my knowledge and belief and nothing has
been concealed.

DEPONENT