Format of Suit For Possession Through Partition With Mesne Profit

The Punjab partition of immovable property act of 2012 governs all the suit of possession through partition with mesne profit. This law is applicable only in the Privince Punjab though this is a special law but all the provisions of code of civil procedure 1908 also aplicable on it.

Mesne Profit:

These are the benefits whether rental or others derived from the property in possession of the co-owner to the exclusion of any other owner. In the suit of possession through partition with mesne profit court can issue an interim order to deposit all the mesne profit in the court till the case is decided. This mesne profit will be distributed among all the co- shares according to their share.

Ex-Parte decree in The Suits of Possession Through Partition With Mesne Profit

After filing of the suit under this act the defendant has 30 days time to sumbit his written statment in the court Subject to sending him notices. If the notices are delivered and defendant did not appear or 30 days time has been expired than the court can procced ex-parte aganist the defendant.

The defendant can within 15 days after ex-parte decision can come in the court to set aside this order, but he has to submitt his justification as to why he did not appear on prescribed time.

Time Limit For Disposal of Suit Under The Punjab Partition of Immovable Act 2012

The law has fixed 6 month time during which the cases under this act has to be disposed off. If the case is not disposed of during that time than the court has to submitt the case to the District judge, he can extend time if he deems fit.

Following is the format of suit for possession through partition with mesne profit

IN THE COURT OF LEARNED SENIOR CIVIL JUDGE, RAWALPINDI

In the matter of;

Housband ABC D/o def, R/o House No: 000, Street No:000, Sector: 000, Rawalpindi

……………….Plaintiff

VERSUS

Wife ghi S/o Jkl R/o House No: 00, Street No:00, Sector 00, Rawalpindi
Relative S/o ghj R/o sss.mmm.mmmm, Rawalpindi
Relative S/o fff R/o sss.ccc.cccc, Rawalpindi

……………Defendant

SUIT FOR POSSESSION THROUGH PARTITION WITH MESNE PROFIT

Respectfully Sheweth:-

That the plaintiff is law abiding citizenof this country and for earning livilifood went to England in the year 1992.
That in the year 1994 the plaintiff solemnized marriage with the defendent and after marriage again returned bacj to England. Thereafter the plaintiff settled the defendant in England.
Thatduring the stay in England the plaintiff has been sending an handsome amount to the defendant no. 1 & 2 because at that time the realtions bwteen the spouses were very cordial and cooperative.
That the plaintiff through defendnt no. 1 & 2 purchased a house measuring 07 marlas situated in Mauza Chaklala, Rawapindi and executed registered sale deed No. 12345 dated 00.00.0000 in the both names of plaintiff and defendant no 1through defendant no 2, who is real brother of defendant no 1 (brother in law of plaintiff). Copy of registered sale deed is attached herewith.
That the actual facts of the matter are that the plaintiff is absolute owner of the above said house. Plaintiff has been sending the total money from England from his handsome salary due to love and affactions for his wife/defendant No.1. The executed registered sale deed is in my name as well as in the name of his wife. At the time of purchase of the above said house there was only ground floor which was buit there but after that plaintiff spended huge amount and constructed first and second floor.
That the origiona registered sale deed of the above said house is in the possession of the defendant No.1. This said house has been let out to the defendant no.3 who has been paying Rs:15000/- pm for two years to the defedant No 1 & 2 and after the construction of the 2nd and 3rd foor this rent is enhansed up to Rs:30000/-pm.
That the defendant No. 1 is morally and legally bund to pay half rent of the above said house to the plaintiff, which she is receiving from defendant No. 3.
That the plaintiff time and gain requested the defendant No.1 for partitioning the house to the extent of his respective shares and the plaintiff also requested the defendant to pay the hald rent to the plaintiff. But she refused to do so, hence this suit.
That the cause of action firstly accrued to the plaintiff on 00.00.0000 when the defendant No.1 filed a suit against the plaintiff and finally two weeks earlier when she flatly refused.
That the value of the suit for the purpose of court fee and jurisdiction is fixed at Rs:50,00,000/- approximately. And the plaintiff is ready to pay the court fee as per order of the court.
That the parties reside in Rawalpindi and suit property is also situated in Rawalpindi, hence this honorable court has jurisdiction to entertain and adjudicate upon the matter.

PRAYER

It is therefore respectfully prayed that the decree for partition through possession of the double storey house construsted on 07 marlas situated in Mouza Chaklala, Rawalpindi, be passed in favor of the plaintiff as against the defendants with cost.

It is further prayed that a decree for half rent as mesne profit according to total rent already has been receiving by the defendant No.1 may be passed in favour of the plaintiff as against the defendants.

Plaintiff

Through

Counsel(s)

VERFIFICATION:

Verfied on oath at Rawalpindi on this day __ of ___ 2016, that the contents of paras 1 to 8 are correct to the best my knowledge and blief and rest of the paras are believed to be true and correct as information receieved.

Plaintiff