SUIT FOR DAMAGES WITH CONSEQUENTLY RELIEF

IN THE COURT OF SENIONR CIVIL JUDGE DADU

                    

ABC D/o          , Cast:              ,

Proprietor of Popular Rice Dealer

R/o Property No.         Mohallah         Tehsil and District, Dadu. …………………..…PLAINTIFF

Vs.

BCD S/o                                   , Cast               ,

R/o property No.             Mohallah     Tehsil and District, Dadu…………..…DEFENDANTS

SUIT FOR DAMAGES WITH CONSEQUENTLY RELIEF

Respectfully Sheweth:

1.      That the defendant sold his house bearing No.           Situated at Shahjamal, Dadu on plain understanding that the house on question is free from any encumbrance, and if any charge is found on the suit property he will be liable to recompense the plaintiff.

2.      That a sale deed was executed between the parties with clause of decompensation in case of any charge is found on the property copy is pleased in at Annexure-A

3.      That one Lal Din filed suit on the basis of prior hypothecation bound in February 2012 and obtained decree for sale of the property, if amount Rs. 50,000/- is not paid to him within stipulated time.

4.      That a notice to this effect was served on the plaintiff, showing that said amount stood charge on the property (copy of the same is placed on Annexure-B).

5.      On probe it was found that the house in question was pledged with said Lal Din for Rs.50, 000/- prior to the sale of the property in favour of the plaintiff by registered document.

6.      That defendant concealed the fact of prior change on the property. The plaintiff paid Rs 50,000/- of said Lal Din, against the satisfaction of the decree.

7.      That the plaintiff has paid a sum of Rs 50,000/- in full discharge of the decree obtained by said Lal Din.

8.      That by virtue of causes No.                The defendant is bound to recompense the plaintiff for money he paid to Lal Din in full discharged of the decree.

9.      That the defendant was approached and requested times and again to pay Rs. 50,000/- as this money steed charge on the property.

10.  That the defendant kept the matter postponed on one pretext or the other and the matter remained lingering till now when the defendant flatly refused to pay the Rs. 50,000/- standing charge on the property which has been paid by the plaintiff to said Lal Din, hence this suit.

11.  That the causes of action approached in favour of the plaintiff against the defendant on               when the sale deed was registered in favour of the plaintiff an the defendant received full consideration thereof and put the plaintiff on possession of the suit property. It further accrued when said Lal din served notice for the payment of Rs. 50,000/- declared change by virtue of decree granted by the Civil Court, Dadu the cause of action still subsets.

12.  That the suit property is situated at Dadu where cause of action has accrued and hear and adjudicate upon the matter.

13.  That the suit is valued at Rs.50, 000/- for the purpose of court fees and jurisdiction.

14.  That a court fees for Rs. 15,000/- has been affixed on the plaint as required by law.

Prayer

It is respectfully prayed that this honourable court may be pleased to decree in the suit, the defendant be directed to pay Rs.50, 000/- to the plaintiff, to indemnify the loss cause to him by subsequent decree in favour of said Lal Din.

Any other relief which this honourable Court may deem fit is further prayed.

PLAINTIFF

Through

M. Mahmood

Verification:

Verified on oath at Dadu the 30^th of January, 2013 that the contents of Para No. 1-10 are true to the best of my knowledge and that of Paras No.11-14to the best ofmy information.

PLAINTIFF