Proposition:
The plaintiff's nephew, in an act of betrayal, deceitfully acquired her signatures on blank papers, under the pretext of creating a trust. It was later revealed that he had prepared and submitted the same documents to the society office, with the intent of transferring the plaintiff's property to one of the defendants. Outraged and feeling cheated, the plaintiff decided to challenge the fraudulent documents prepared by the defendants. Seeking justice, she filed a lawsuit seeking a declaration, permanent injunction, and cancellation of the documents as consequential relief.
IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE.
CIVIL SUIT NO: PL/XX-XX-2024/001
MST. FAIZA, WIFE OF KAMRAN, RESIDENT OF 123-A, XYZ STREET, LAHORE.
Plaintiff
VERSUS
MR. AHMED, SON OF MR. IQBAL, RESIDENT OF 456-B, ABC STREET, LAHORE.
MR. ZAHEER, SON OF MR. ASLAM, RESIDENT OF 789-C, DEF STREET, LAHORE.
SECRETARY GENERAL, THE GREEN CO-OPERATIVE HOUSING SOCIETY, LTD. LAHORE.
Defendants
SUIT FOR DECLARATION AND PERMANENT INJUNCTION ALONG WITH CANCELLATION AS CONSEQUENTIAL RELIEF
Respectfully Sheweth:
The addresses of the parties have been correctly given in the title of the suit for the purpose of issuance of notices by this Learned Court from time to time.
Succinctly stated facts giving rise to the filing of suit in hand are that the Plaintiff is the owner in possession of property situated at Plot No. 123, Block A, Commercial Phase 1, The Green Co-operative Housing Society Ltd, Lahore, measuring 6.7 Marlas (Hereinafter referred to as the Suit Property). The suit property was purchased by the plaintiff from one Tahir Saeed son of Sheikh Zahoor Ali, and a transfer letter bearing No. 2375 dated 19-12-2017 was also issued by Defendant No. 3 in favour of the plaintiff. A plaza is constructed at the suit property after obtaining approval from all the concerned departments which comprises a basement, ground floor, first floor & second floor.
In February 2023, Defendant No. 2 approached the plaintiff and requested that he require the suit property only as security for a couple of months pursuant to some business that Defendant No. 2 was transacting with Defendant No. 1. As Defendant No. 2 is the nephew of the plaintiff, she trusted him and consented to the demand of defendant No. 2. Defendant No. 2 obtained thumb impressions and signatures of the plaintiff on several blank papers on different occasions by assuring her that those papers after that, her signatures and thumb impressions were obtained would be used for preparation of documents regarding provision of the suit property as security. It is also pertinent to mention here that Defendant No. 2 also agreed to sell his property i.e. Shop No. 321, Moza ABC, Lahore for a consideration of Rs. 60 Million with the plaintiff and the whole consideration amount was received by Defendant No. 2 from the plaintiff in front of witnesses on 16-03-2023.
It was promised by Defendant No. 2 that the property would be given as security only for a couple of months; therefore, after a couple of months in April 2023, the plaintiff asked Defendant No. 2 to assure her that the suit property was free from any charge of security. Furthermore, the plaintiff also demanded defendant No. 2 execute a sale deed in her favour regarding his shop No. 321. The defendant, however, started to make lame excuses and lingered on the matter on one pretext or another.
Defendant No. 2 did not pay any heed to her repeated requests; resultantly, being sceptical, the plaintiff approached the Society office/Defendant No. 3, and she was shocked to know that an application on her behalf had been filed for transfer of the suit property in favour of Defendant No. 1. Immediately, the plaintiff submitted an application to Defendant No.3 on 30-09-2023.
The plaintiff obtained copies of documents from the Society’s/Defendant No. 3 office, and to her surprise, the blank papers which were signed and thumb-marked by the plaintiff were prepared as an application for the transfer of suit property in favour of Defendant No.1, an affidavit regarding transfer in favour of the suit property in favour of Defendant No.1, and a request for transfer in favour of Defendant No.1. The blank papers were signed and thumb marked by the plaintiff to provide security of the suit property, and the documents stated above were prepared by Defendants No. 1, 2 & 3 with connivance of each other. Moreover, an unsigned draft of a transfer letter was also placed in the file of the suit property bearing No. 062-23-26. The plaintiff has apprehension that the defendants may have fabricated any other document as well.
The plaintiff neither entered into any agreement of sale regarding the suit property nor did she ever receive any consideration amount from Defendant No. 1 or anyone. The documents prepared by the defendants i.e. affidavit, transfer application, and request for transfer are the outcome of fraud and misrepresentation not affecting the rights of the plaintiff. By using signed and thumb-marked blank papers of the plaintiff for the fabrication and preparation of forged documents, defendant No. 2 breached the trust of the plaintiff.
The application for transfer, affidavit, and request for transfer is invalid for want of consideration, and the same is the result of deceit practised on the plaintiff. It is pertinent to mention here that price is an essential ingredient in a sale, and no sale transaction could be said to be completed in the eye of the law unless the price is fixed or paid or part paid or part promised. In the matter in hand, neither any price was fixed or paid nor was any price part paid or part promised.
The plaintiff is in peaceful possession of the suit property herself and through her tenants, and the same is evident from rent agreements executed between the plaintiff and her tenants dated 29-08-2023, 15-05-2023, and 07-10-2023.
The plaintiff time and again approached the defendants and asked them to refrain from doing any act in furtherance of their nefarious intention of depriving the plaintiff of her valuable property, the defendants, instead of doing so, on the contrary, are continuously threatening the plaintiff that they shall get the suit property transferred in favour of Defendant No. 1. The defendants once again threatened the plaintiff two days ago; hence, the instant suit has been filed.
Cause of action arose for the first time when defendant No. 2 obtained signatures and thumb impressions of the plaintiff on blank papers to make forged and fabricated transfer application, affidavit, and request for transfer, cause of action accrued for the second time in favour of the plaintiff on 30-09-2023 when the plaintiff came into knowledge regarding fabricated documents and for the third time two days ago when the defendants threatened the plaintiff of depriving her of her property; the cause of action continues.
The suit property is situated within the jurisdiction of this Learned Court, the parties are residents of Lahore and the cause of action also arose within the jurisdiction; therefore, this court has jurisdiction to adjudicate upon the matter in hand.
The value of the suit for pecuniary jurisdiction is fixed at Rs.1000,00,000/- and a court fee of Rs. 15000/- is appended with the plaint.
PRAYER
That in the light of what has been stated above, it is humbly prayed from this learned court that the suit of the Plaintiff may be decreed in the following terms:
i. A declaratory decree may be passed, and an Application for transfer, an affidavit regarding the transfer, and request for a transfer or any other document fabricated by the defendants may be declared null and void without consideration and of no legal effect qua rights of the Plaintiff and as a consequence thereof may be cancelled as the defendant No. 2 obtained her signatures and thumb impressions on blank papers and she never executed documents as stated above;
ii. That the Defendants may be permanently restrained from transferring the suit property in favour of Defendant No. 1 or anyone and interfering in possession of Plaintiff upon the suit property.
Plaintiff
Through
Ikyan Shah (Advocate High Court)
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