Sub Lease deed format blank

INDENTURE OF SUB-LEASE

 

 This INDENTURE OF SUB-LEASE is made at Karachi, on this _____ day of _________, Two Thousand eight (2008);

BETWEEN

__________________________________, Muslim, adult, holding NIC No. _________________, resident of ________________ Karachi, hereinafter referred to as the “LEASE” (which term and expression shall mean and deem to include her heirs, successors, executors, administrators and legal representatives) of the One Part;

 A N D

____________________________________________________________________________________________________________________________________________________________ Karachi, hereinafter referred to as the “SUB-LESSEE (S)” (which term and expression shall mean and deem to include his/her/their heirs, successors, executors, administrators and legal representatives and assignees) of the Other Part;

WHEREAS the LESSEE is seized and possessed of and otherwise well and truly entitled to all that piece and parcel of Plot/Flat/House of land bearing. ________, ad-measuring ______ Square Yards, situated at _________________________________________________  hereinafter referred to as the Plot/Flat/House.

       AND WHEREAS the LESSEE desired to get constructed Multistoried building on the Plot/Flat/House comprising of ________ on _________ and Flat at __________ Floor and other premises on the Upper Floors through contractors approved by the LESSEE but at the cost and expenses of SUB-LESSEE.

        AND WHEREAS the LESSEE agreed to SUB-LEASE and demise unto the SUB-LESSEE undivided proportionate share in the Plot/Flat/House together with occupancy rights in the proposed Flat  No________ on ________ Floor, ad-measuring __________ Square Feet approximately to the SUB-

LESSEE which Flat proposed to be constructed is described in the schedule hereto and shown in the plan herewith annexed and hereinafter referred to as the  SAID FLAT/HOUSE/PLOT.

         AND WHEREAS the LESSEE has failed to execute the Sub-Lease in favour of  has paid to the LESSEE the sum of Rs. _________ (Rupees__________________________) being full occupancy value of the undivided share to the extent of the Area upon which the said particular Flat/House/Plot is to be constructed and one year’s ground rent at the rate of Rs. ________ (Rupees_______________ only) per year and/or as may be assessed/fixed/revised by the concerned authorities/departments for the undivided share in the Plot/Flat/House

NOW THIS INDENTURE

WITNESSETH AS FOLLOWS:-

 

1.    In consideration of occupancy value of Rs._________________ (Rupees ____________only) paid in full and in addition to pay a sum of Rs. ___/- (___________only) being the Ground rent and/or at such revise rate as may be assessed by the concerned authority. The LESSEE doth hereby demised unto the SUB-LESSEE  SHOP/OFFICE  No. ________ on ________ Floor, ad-measuring approximately _______ Square Feet shown in the plan annexed hereto marked with red together with proportionate _____  share of ____________ Square feet in the Plot/Flat/House of land to the extent of the area on which the said particular SHOP/OFFICE is to be constructed with in the Territorial bounds of __________ Police Station for the remaining period of LEASE together with all rights, titles, easements, appurtenant thereto including right for extension of LEASE and with all rights of passages, light and area attached thereto and the Plot/Flat/House is bounded as under:-    

         ON THE NORTH BY                   

ON THE SOUTH BY     

ON THE EAST BY        

ON THE WEST BY

 And the SHOP/OFFICE No. ________ is bounded by SHOP/OFFICE No. ________ above, SHOP/OFFICE No. ________ on one side, SHOP/OFFICE No. ________ on the other side and SHOP No. _______ below.

 

2-    THAT SUB-LESSEE COVENANTS AS FOLLOWS:

 

a)           The SUB-LESSEE shall pay his/her/their share proportionately in respect of all the rents, taxes, cesses, charges and rates of every description which are or may be charged or imposed or chargeable by K. D. A., K. M. C., Excise & Taxation Department K. W. S. B. and/or any authority including Government Body on the SAID BUILDING or the SHOP/OFFICE in his/her/their possession.

b)       That the SAID SHOP/OFFICE shall be used for commercial purpose only and shall not be diverted to any other use.

 

c)        That the SUB-LESSEE shall not use the SAID SHOP/OFFICE or any part thereof or suffer the same to be used, for the purpose of General Public Advertisement, Cooking house, Restaurant, Catering Services Hotel Place of amusement and/or any other use except  a Shop or Office as the case may be. In case of any violation the SUB-LEASE shall stand cancelled/revoked  and the  LESSEE shall be entitled to enter upon the said SHOP/OFFICE without any compensation to the SUB-LESSEE.

 

d)        That the SUB-LESSEE shall keep the SAID SHOP/OFFICE in clean and sanitary condition.

 

e)        That the SUB-LESSEE shall permit the LESSEE and his contractors, agents, servants or workmen at reasonable time and with reasonable prior notice to enter upon the said SHOP/OFFICE.

 

f)         That the SUB-LESSEE shall not use or permit to be used any part of the said SHOP/OFFICE for public religious worship.

 

g)        That the SUB-LESSEE shall be at liberty to sell, transfer, or assign her rights in respect of the SAID SHOP/OFFICE subject to the terms and conditions of this SUB-LEASE.

 

h)       That the SUB-LESSEE shall comply with the provisions of law and shall observe all rules and regulations of the SUB-LEASE and the LEASE/SANAD.

 

i)         That the SUB-LESSEE shall allow access and right of way along the common corridors to allottees of other SHOP/OFFICES in the same building and shall not cause obstruction to the exercise  by them of their said rights or to the sue by them of the common corridors, passages and stair cases etc.

 

j)         That the SUB-LESSEE shall be responsible to carry out at his/her/their own cost all the necessary repairs in the SAID SHOP/OFFICE.

 

k)       That the SAID  shop/office shall be used by the SUB-LESSEE for the lawful commercial purpose and in case of violation thereof the SUB-LEASE shall stand determined/cancelled. THE SUB –LESSEE shall keep and maintain the said SHOP/OFFICE in goods condition at the cost of the SUB LESSEE and the SUB-LEASE shall not store therein any wine, narcotics and hazardous and/or inflammable articles and things and the SUB-LESSEE shall not store, stock or display any articles, goods, of merchandise in common

passages, open space or any other place which may cause any hindrances or annoyance to any other SUB-LESSEE of the premises, SHOPS etc or nuisance or annoyance to other occupants of the building save and except the right of entrance to the compound passage, stair, lavatory and other common amenities to be used with the CO-SUB-LESSEES and occupants thereof.

 

l)         That the SUB-LESSEE shall not have or be entitled to any right of access of light and air and other easement rights to the demised premises from the premises erected or to be erected adjacent to or  over the SAID SHOP/OFFICE.

 

m)      That the SUB-LESSEE shall have no right in or over or upon the roof/terrace of the building which roof shall exclusively being to the LESSEE.

 

n)       That the LESSEE shall always have the right and be entitled to without obtaining any consent form or making any compensation to the SUB-LESSEES to construct the building upto ground plus six floors and so also to deal as the  LESSEE may deem fit with the roof of the _____ floor of the building upon which the demised premises is situated on _____ floor and/or to raise  any structure, premises, flats etc. which

may effect or diminish the light or air which may now or at any time during the terms been enjoyed by the demised premises or any par thereof.

 

o)        That the SUB-LESSEE clearly understand agrees to accept the rights herein demised as such that the roof of _____ floor has been expressly reserved by the LESSEE for the vertical construction of at least two further floors that is upto  ______ floor. The roof of the _____ floor shall remain in the sue of the LESSEE and/or her assignee, nominee, and that the staircase, corridors, sewerage, water line electric and etc is to be used in common with all other SUB-LESSEE/OCCUPANTS of upper floors.

 

p)          That the SUB-LESSEE’S right of occupancy shall be confined to the demised premises only and he/she/they shall not claim any right of access or any other rights in respect of any other  SHOP/OFFICE or premises either below or above the demised premises merely on the ground that such other SHOP/OFFICE and/or premises is partly situated on the demised undivided share in the SAID PLOT SUB LEASED out to him/her/them nor shall he/she/they question on that or other ground the rights of LESSEE, to allot and SUB-LEASE any such other shops/offices/Premises floors, to any one whatsoever without any objection from and/or making any compensation to the allottee/SUB-LESSEE of any such premises on upper floors on that ground.

 

4)       PROVIDED ALWAYS AND IT IS HEREBY AGREED AND AS FOLLOWS:-

 

That on expire of the period of SUB-LEASE the SUB-LESSEE shall be entitled to a renewal of the  SUB-LEASE  for such further period at his/her/their own cost and expenses as to the grant of period of Lease to the LESSEE and upon terms and conditions of his/her/their paying at the time of renewal such occupancy value and revised rents and terms and conditions as may be fixed by the Government or the concerned Authority or the LESSEE.

 

5)       In the event of the breach of any of the covenants including the covenant of proportionate annual rent and the premium if any payable to Govt. K. M. C. , K. D. A. and failure to observe and perform the covenants and conditions therein contained the SUB-LESSEE shall be responsible and liable for consequences arising by virtue of such breach or failure on the part of the SUB-LESSEE.

 

IN WITNESS WHEREOF the parties have  signed this Indenture of Sub-Lease on the date, month, and year mentioned hereinabove.

                                                 _________________

WITNESSES:                                     LESSEE

 1._________________

  _________________

                                              SUB-LESSEE

2.__________________

MRC APPLICATION U/S 10(3) OF SRPO

 

IN THE COURT OF IIND SR. CIVIL JUDGE & RENT CONTROLLER SOUTH AT KARACHI

Misc. Rent Case No.            /2005

 

Shehzad Anwar,
S/o Muhammad Anwar (Late),
Muslim, Adult R/o Flat No. 3/5,
Block A.J.,Jacob Line,
KARACHI.              ……………….  Applicant/Tenant

 

V E R S U S

 

Khalil-ur-Rehman,
S/o Haji Abdul Rehman (Late),
Muslim, Adult, Having office
at 406,International Auto Market,
Marston Road, KARACHI.    ……………….  Opponent/Landlord
 

 

APPLICATION UNDER SECTION 10(3) OF SINDH
RENTED PREMISES ORDINANACE 1979

    The applicant above named respectfully and humbly begs to submit as under:

 1.   That the applicant is a tenant in respect of Office No. 203, 2^nd Floor, International Auto Market, Marston Road, Karachi since 1985 at Rent of Rs.200/- per month and further the applicant paid a huge amount of Goodwill / Pagri at the time of possessing the said Office.

 

2.   That in December 1991 landlord increased the rent amount upto Rs.220/- per month, in July 1994 it was again increased upto Rs.270/-, in January 1996 it was again increased upto Rs.320/-,  in January, 1997 it was again increased upto Rs.350/-, in January, 1999 it was again increased upto Rs.450/-, with proper consent with the applicant / tenant but in July, 2001 it was again increased by the landlord upto Rs.800/- per month without consent of the applicant / tenant.  

 

3.   That the applicant / tenant is very much regular and vigilant to pay the rent and other charges / dues in respect of Office in question to the landlord according to the settlement and the landlord was used to issue the rent receipts for the same.

 

4.   That there was routine that the applicant / tenant was paying the rent of the office in question on six monthly basis since 1985 to June 2000 and from July 2000 to June 2004, the on yearly basis according to the demand of the landlord. (Copy of last rent receipt is enclosed herewith and marked as Annexure “A” ).

 

5.   That on 18-02-2005, when the applicant / tenant offered the rent amount Rs.9600/- in respect of the office in question, for the period from July 2004 to June 2005, the landlord refused to received the rent amount from the applicant / tenant.  The applicant / tenant sent the above said rent amount to the landlord by money order vide receipt No. 786 dated 24-02-2005 but the landlord, with bad and malafide intension again refused to received the rent amount the said amount was received back to the applicant / tenant by the Post Office. ( Photo copies of money order receipt and money order form are enclosed herewith and marked as Annexure “B” and “B-1”).  The landlord is deliberately avoiding to receive the rent amount from the applicant / tenant, which act of the landlord is creating doubts and apprehension in the mind of applicant, as neither landlord is demanding rent from applicant nor he is available on his address even after several visits.

  

6.   That since 18-02-2005, landlord is avoiding to receive the rent amount for the period from July 2004 to June 2005 (Rs.800/- per month)  and the landlord is doing this intentionally and malafidely and wants to creat hand made default against the applicant / tenant for vacation of office in question.

 

7.   That the applicant / tenant has tried at his level best to pay the rent amount for the period mentioned above but the landlord is avoiding to receive the same, hence this application to deposit the rent with the NAZIR / BANK of this Hon’ able Court.

 

8.   That the cause of action arose at the first place on 18-02-2005, when the opponent refused to received the rent amount for the period from July 2004 to June 2005 secondly on 24-02-2005,  when the opponent again refused to receive the money order for the same rent amount and is continuing day by day till the decision of this application.

 

9.   That the cause of action falls within the jurisdiction of Police Station Nabi Bux, wherein the office in question is situated  which comes within the territorial jurisdiction of this Hon’ able Court.

 

P R A Y E R

 It is , therefore, prayer that this Hon’ able Court may be pleased to:

 

a)   allow the applicant to deposit the rent with NAZIR / BANK of this Hon’ able Court for the period from July 2004 to June, 2005 and to onward at the rate of Rs.800/- per month which come total amount Rs.9600/- and further deposit the same in future with the direction to the opponent to withdraw the rent from the Court.

 b)   Any other relief or relieves which this Hon’ able Court may deems fit and proper in the best interest of justice.

 

Karachi                       

Dated:    02-2005                                                                APPLICANT

 

 

Advocate for the Applicant / Tenant

 

APPLICATION U/O XXI RULE 17 CPC, Amendment in execution

  

IN THE COURT OF XIX^TH FAMILY JUDGE WEST AT KARACHI

 

F.Suit No.____/2017

Family Execution No.___/2021

 

Mst.Erum-...........................----------------------------------D.H

 

VERSUS

Farhan ---------------------------------------------------J.D

 

APPLICATION U/O XXI RULE 17 CPC,

R/W SECTION 151 CPC

 

For the reasons disclosed in the accompanying affidavit, it is respectfully prayed on behalf of the abovenamed decree holders that this Hon’ble Court may be pleased to allow her to amend the above titled execution application for the reasons that due to bonafide mistake the  maintenance amount of minors have been incorrectly stated in execution application whereas this Hon’able court was pleased to pass judgment and decree dated 20-08-2020 in favour of the decree holders by directing the defendant to pay Rs.3000/- per month for maintenance of the minor from the date of Khullah till completion of period and plaintiff No.2&3 are also entitled the maintenance Rs.3000/- each per month from the date of interim maintenance with 10% increment. It is submitted that the interim order was passed on 03-05-2018 which is on the part of court file and the amount of execution was stated from the dated of judgment and decree dated 20-8-2020 with the prayer that this learned court may be pleased to allow the above application for the interest of justice.    

 

Prayer is made in the larger interest of justice.

 

Karachi:

Dated:12-03-2022                                              Advocate for DH

 

IN THE COURT OF XIX^TH FAMILY JUDGE WEST AT KARACHI

 

F.Suit No.__/2017

Family Execution No.____/2021

 

Mst.Erum Anwar & others-----------------------------------------------------------D.H

 

 VERSUS

Farhan Ahmed Siddiqui ---------------------------------------------------J.D

 AFFIDAVIT

       I, Erum D/o  Anwar, Muslim, adult R/O , Karachi, do hereby state on oath here as under:

 

1.        That I am deponent of this affidavit as well as DH in the above titled execution application, as such am fully conversant with the facts of the matter deposed to below.

 

2.        That the accompanying application U/O XXI RULE 17 CPC,  R/W SECTION 151 CPC has been drafted and filed under my instructions and the contents whereof are true and correct which may please be treated as part of this affidavit for the sake of brevity.

 

3.        That I say that this Hon’able court was pleased to pass judgment and decree dated 20-08-2020 in favour of the decree holders by directing the defendant to pay Rs.3000/- per month for maintenance of the minor from the date of Khullah till completion of period and plaintiff No.2&3 are also entitled the maintenance Rs.3000/- each per month from the date of interim maintenance with 10% increment. It is submitted that the interim order was passed on 03-05-2018 which is on the part of court file and the amount of execution was stated from the dated of judgment and decree dated 20-8-2020

Photocopy of judgment and decree dated 20-8-2020 is enclosed as annexure-A

4.        That until and unless the accompanying application is allowed as prayed, I shall suffer irreparable loss and serious be prejudiced.

 

5.            That whatever stated above is true and correct to the best of my knowledge and belief.

 Karachi:

Dated:12/03/2022                                                        DEPONENT

                                                                        CNIC# _____________

                                                                        CELL# _____________

APPLICATION U/S 12(2) CPC R/W SECTION 151 CPC

 

IN THE COURT OF VII SENIOR CIVIL JUDGE AT KARACHI CENTRAL

 

SUIT No 989/2014

Ex. No. 15/2019

Muhammad Arshad & another …………………….……Plaintiff/D.H.

 Verus

 Muhammad Nadeem & another ……………………... Defendant/J.D.

 

 

1.    Muhammad Swalheen

S/o Muhammad Fazal

Since deceased through his legal heirs

 

2.    Mst.Amatul-Maeen

W/do Muhammad Swalheen,

Muslim, Adult,

R/o House No.18, Block No.13,

Sector No.5-G, New Karachi

through her attorney son Muhammad Zakir............Applicant/intervener

 

 

APPLICATION U/S 12(2) CPC

R/W SECTION 151 CPC

 

           For the facts and reasons disclosed in the accompanying affidavit,   It is respectfully prayed on behalf of the applicant No.2 as well attorney of applicant No.2,4,5 & 6 is executed in favour of the applicant No.2 that this Honourable Court may be pleased to set aside impugned Judgment dated         30-3-2019 and Decree dated: 03-04-2019 passed by this Honourable Court in above said suit and the judgment & decree has been obtained by fraud and misrepresentation and this Hon’able court may be pleased to set aside judgment dated 30-3-2019 & decree dated 03-04-2019 on consideration of following facts and grounds:-

Original Power of attorney executed by applicant No.2,4,5 & 6 in favour of the applicant No.2 is enclosed as Annexure-A

 

1.      That the decree holders filed the above suit bearing No.989/2014 on          15-09-2014 against the defendants/JD namely Muhammad Nadeem & Muhammad Ameen before this Hon’able court for the Recovery of amounting to Rs.28,00,000/-.

 

2.      That the decree holders with malafide did not make the party to the applicant No.1 (Muhammad Swalhen) in the above suit, as such the applicant No.1 who was necessary party in the suit at the time of his aliveness, it is submitted that the applicant No.1 (Muhammad Swalhen) died on 05-12-2016 after the filing of suit and leaving behind the following legal heirs:-

 

1.    Mst.Amatul-Maeen                Widow

2.    Muhammad Zakir                  Son

3.    Mst.Saeeda                          Daughter

4.    Mst. Razia Begum                 Daughter

5.    Mst.Azra Begum                   Daughter

 

Photocopy of death certificate of Muhammad Swalhen

is enclosed as Annexure-A

 

3.      That the applicants/interveners No.3 to 6 are real cousins of the defendants/JD and the subject property bearing No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi was gifted by the defendants/JD’s father namely Muhammad Hanif S/o Muhammad Fazal to his son Muhammad Ameen S/o Muhammad Hanif (defendant No.2) and his brother deceased Muhammad Swalheen S/o Muhammad Fazal who was died on         5-12-2016 and the both persons are the equal share holder in the above property.

Photocopy of the KDA transfer order dated 10-6-1996

is enclosed as Annexure- B

  

4.      That decree holders fraudulently did not make the necessary party of the share holder of property namely deceased Muhammad Swalhen who should have been made a party in above suit but plaintiffs/DH did not make him necessary party despite knowing this fact by plaintiffs/DH that the Muhammad Swalhen is joint share holder in the above property, it is worthwhile to mention here that the plaintiff/DH No.2 as well attorney of plaintiff No.1 who in his examination in chief produced CDGK Certificate and the same was  Exhibited as P/3 by this Hon’able court which is clearly shows that the Muhammad Ameen and deceased Muhammad Swalhen are the joint share holder in property bearing  No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi.

Photocopy of CDGK certificate dated 26-4-2010

is enclosed as Annexure-C

 

5.      That this Hon’able court has passed the decree dated 3-4-2019 in favour of the Plaintiffs/DH in respect of mortgaged Quarter No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi which is joint property in the name of Muhammad Ameen (defendant/JD No.2) and deceased Muhammad Swalheen and after the death of Muhammad Swalhen the applicants No.2 to 6 are legally share holder in subject property admeasuring 112 square yards as such the decree holders have concealed this fact from this Hon’able court and they have committed fraud and misrepresentation and the said decree is liable to be set aside.

 

6.      That decree holders has obtained the decree by way of fraud and they malafidely did not make the party as a defendant to the applicant No.1 (deceased Muhammad Swalhen) during his aliveness and after his death all the legal heirs should be made a party. The decree holder with malafide & fraud deprived all the legal heirs from their ancestor property and all the legal heirs are affected after passing the decree.   

 

7.      That due to the family issues the relation between the defendants/JD and applicants were become sour so that the applicants made the separate door of the house, the applicant/intervener No. 2 who is the widow of the deceased Muhammad Swalhen who is in old age and living with her son namely       Zakir Hussain (applicant No.3) and the applicants/intervener No.4 to 6 are married women who are living with their husbands houses, all of the legal heirs were unaware from the above suit which was filed by the Plaintiff/DH and litigated between plaintiffs/DH and Defendants/J/D. 

 

8.      That plaintiffs/DH with the collusion of Defendants/JD they fraudulently executed forged Iqrarnama dated 09-07-2010 in respect of loan or otherwise which was obtained by the defendant/JD No.1 from the plaintiffs/DH and according to said Iqrarnama the defendant/JD No.2 handed over the original documents of house bearing No. No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi without the consent of deceased Muhammad Swalhen and there is not signature of Muhammad Swalhen being the joint share holder of the above property and it is submitted that at the time of executing the Iqrarnamad dated 09-07-2010 Muhammad Swalhen was alive neither the plaintiffs/DH approached him nor deceased Muhammad Swalhen was aware about the said Iqrarnama. The plaintiff No.2 as well attorney of plaintiff No.1 has produced the said IQRARNAMA date 09-07-2019 in his examination in chief was Exhibited P/2 before this Hon’able Court the decree was passed on a void documents/Iqrarnama which is liable to be set aside.      

 

9.      That all the contents in IQRARNAMA dated 09-07-2010 was executed in favour of the Plaintiff/DH No.1 and Defendant/No.2, in Para No.9 &10 of the IQRARNAMA there is mentioned that after selling the house No. No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi             Muhammad Arshad (Plaintiff/DH No.1) will pay half of the amount of said property to Muhammad Nadeem (Defendant No.1/JD) and no any Para of IQRARNAMA shows the share of the applicant No.1 deceased Muhammad Swalhen and also not considered his share which shows malafide, fraud and misrepresentation on the part of Plaintiffs/DH & Defendants/JD in order to grab the share of the above property.

 

10.   That the original documents of the suit property was lying in custody of the defendant/JD No.2 and the plaintiffs/decree holders with the collusion of defendants/JD kept the documents as mortgage or otherwise this facts was not known by the applicants and filed the above suit bearing No.989/2014 and decree holder obtained the decree without making the necessary party as a joint share holder to the applicant No.1 and after the death his legal heirs who are now the legally share holder in the above suit property bearing No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi which is still undivided property admeasuring 112 square yards and the said decree is liable to be set aside.

 

11.   That the applicants/intervener learnt about the passing of the decree about one month before when the bailiff of the court came to house of the applicants and asking to vacate the premises.         

 

PRAYER

 

     It is respectfully prayed on behalf of applicants that this Honourable court may be pleased to accept the instant application and to set aside impugned judgment 30-3-2019 & decree 03-04-2019 obtained by fraud and misrepresentation. 

         

Any other relief which the applicants are entitled also awarded.

 

Karachi

Dated:                                                          Advocate for the Applicant

IN THE COURT OF VII SENIOR CIVIL JUDGE AT KARACHI CENTRAL

 

SUIT No 989/2014

Ex. No. 15/2019

 

Muhammad Arshad & another …………………….……Plaintiff/D.H.

 

Versus

 

Muhammad Nadeem & another ……………………... Defendant/J.D.

 

 

Muhammad Swalheen

S/o Muhammad Fazal

Since deceased through his legal heirs

& others ………………..……………………............Applicants/intervener

 

AFFIDAVIT APPLICATION U/S 12(2) CPC

R/W SECTION 151 CPC

 

I, Muhammad Zakir S/O Muhammad Swalheen, Muslim, Adult, R/o House No.18, Block No.13,Sector No.5-G, New Karachi as well attorney of the applicants No.2,4,5 & 6, do hereby state on oath as under:-

 

1.            That I am applicant/ intervener as well attorney of applicant No.2,4,5 & 6 in this matter, and well conversant with the facts of the case.

 

2.            That the contents of accompanying application has been drafted and written under my specific instructions, which are true and correct and for the sake of brevity the contents whereof be treated as an integral part of this affidavit.

 

3.            That the applicants/intervener are share holder in decreetal property bearing No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi and the decree holders concealed this fact that the applicant No.1 deceased Muhammad Swalhen is share holder in above property and also not made him the necessary party and obtained the judgment 30-03-2019 & decree date 03-04-2019 by committing fraud and misrepresentation and the said decree is liable to be set aside.

 

4.            That until and unless my accompanying application allowed, I shall be seriously prejudiced.

 

5.            That whatever stated above is true and correct to the best of my knowledge and belief.

 

 

KARACHI:                                                                         DEPONENT

DATED:                                                                 CNIC #________________

                                                                             CELL#________________