SUIT FOR POSSESSION THROUGH PRE-EMPTION ~ Balochistan Law Forum

SUIT FOR POSSESSION THROUGH PRE-EMPTION

Q. Draft a plaint in a suit for possession through pre-emption? A. Draft a Written Statement in a suit for possession through pre-emption?

PLAINT

IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE

____________________ S/O ______________________ R/O _____________________________

District_____________________________

Plaintiff

VERSUS

1. ___________________ S/O _____________________R/O _________________________________

District____________________________

2. ___________________ S/O _____________________R/O _________________________________

District____________________________

Defendants

SUIT FOR POSSESSION BY WAY OF PRE-EMPTION

It is respectfully submitted as under,

1. That the plaintiff is neighbor of the defendant No 1.

2. On 22 08 2003, the defendant No1 sold his house No ll, St No ___________________ to defendant No 2 in a sum of Rs 1,00,000/- but the price entered in the sale deed was given as Rs 2 00,000/- in order to avoid the suit for pre-emption. Also the market value of the said house is Rs 1,00,000/-.

3. That since the plaintiff is neighbor of the defendant No 1, therefore, plaintiff’s right to pre-emption is superior to that of the defendant No 2. It is pertinent to mention here that defendant No2 is a stranger and he has no relationship with the defendant No 1 as that of relationship between the plaintiff and defendant No 1.

4. That the said house is situated at _____________________________________ where the custom of pre-emption prevails since ages.

5. That the defendant No 1 was asked to hand over the possession of the said house to the plaintiff in consideration of Rs 1,00,000/- but the defendant No 1 has rejected this offer and he has refused to hand over the possession to the plaintiff. Hence this suit.

6. That the cause of action arose first on 22 08 03, when the disputed sale deed was registered in favour of the defendant No 2 by the defendant No 1 and lastly and finally when the defendant No 1 flatly refused to hand over the possession of disputed house to the plaintiff being his neighbor.

7. That the suit property, being situated in ____________________________________ the Civil Courts at _________________________________ have jurisdiction to try this suit.

8. That the valuation of this suit for the purposes of court fee and jurisdiction is Rs 1,00,00/- therefore the Court fee of Rs 7500/- is affixed with this plant.

In view of the above, it is respectfully prayed as under,

=> PRAYERS:

I. A decree of possession through pre-emption may kindly be passed in favour of the plaintiff and against the defendant No 1.

II. It is ordered to the defendant No 1 to cancel the sale deed executed by him in favour of the defendant No 2.

III. It is ordered to the defendant No 1 to hand over the possession of disputed house to the plaintiff.

IV. It be ordered to defendant No 1 to execute a sale deed in favor of the plaintiff after receiving a sum of Rs 1,00,000/-.

V. Heavy costs may also be awarded to the plaintiff.

VI. Any other relief deemed possible by this Honourable Court may also be granted.

Plaintiff

THROUGH COUNSEL,

_________________________________

=> VERIFICATION:

Verified on Oath at __________________________ On this 30th day of August 2003 that the contents of paras No 1 to 5 are true according to my knowledge and those of paras 6, 7 & 8 are correct according to my information and belief.

Plaintiff

WRITTEN STATEMENT

IN THE COURT OF Mr ABC, CIVIL JUDGE 1st CLASS, LAHORE

In Re: _____________________________ VERSUS _______________________________

(SUIT FOR POSSESSION BY WAY OF PRE-EMPTION)

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT NO 1:

It is respectfully submitted as under,

1. Admitted to the extent that the defendant No 1 and the plaintiff are living with each other as neighbor since seven years.

2. Admitted: The market value of the said house owned and possessed by the defendant No 1 is Rs 2,00,000/- and the defendant No 2 was ready to pay the said amount therefore the said house was sold to the defendant No2 Denied to the extent that wrong valuation of the property is entered in the sale agreement.

3. Admitted to the extent that the right of preemption of the plaintiff is superior to the right of any other stranger but the plaintiff was not ready to pay the market value in a sum of Rs 2,00,000/- to the defendant No1. The plaintiff was offering Rs 1,00,000/- which were not sufficient and justified.

4. Admitted

5. Admitted: The market value of the said house is Rs 2,00,000/- not 1,00,000/- therefore, this defendant No 1 is not ready to sale his house in consideration of Rs 100,000/-.

6. Legal

7. Legal

8. Legal

In view of the above, it is respectfully prayed as under,

=> PRAYERS:

I. This suit may kindly be dismissed.

II. Heavy costs may also be awarded to the defendant No 1.

III. Any other relief deemed possible by this Honourable Court may also be granted.

Defendant No 1

THROUGH COUNSEL,

_________________________________

=> VERIFICATION:

Verified on Oath at ________________________ on this 30th day of September 2003 that the contents of this written Statement are true and correct according to the best of my knowledge and belief.

Defendant No 1

WRITTEN STATEMENT

IN THE COURT OF Mr ABC, CIVIL JUDGE 1st CLASS, LAHORE

In Re: _____________________________ VERSUS _______________________________

(SUIT FOR POSSESSION BY WAY OF PRE-EMPTION)

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT NO 2:

It is respectfully submitted as under,

1. Not concerned.

2. Admitted: The defendant No 2 has purchased the said house from defendant No 1 in consideration of Rs 2,00,000/- which is the actual market value of the said house and the defendant No 2 has obtained the possession of the said house as its consequence.

3. Not concerned.

4. Not concerned.

5. Not concerned.

6. Legal.

7. Legal.

8. Legal.

In view of the above, it is respectfully prayed as under,

=> PRAYERS:

I. This suit may kindly be dismissed.

II. Heavy costs may also be awarded to the defendant No 2.

III. Any other relief deemed possible by this Honourable Court may also be granted.

Defendant No 2

THROUGH COUNSEL,

_________________________________

=> VERIFICATION:

Verified on Oath at ________________________ on this 30th day of September 2003 that the contents of this written Statement are true and correct according to the best of my knowledge and belief.

Defendant No 2