IN THE COURT OF SENIOR CIVIL JUDGE RAWALPINDI

Col( R) Mushtaq Ahmed Khan S/O Saif Ullah Khan Resident of House Number SD
173 bearing Member ship number 6845 Askari 13 Rawalpindi
Plaintif
VS
1, Assistant Director Housing Askari Colony 13 Rawalpindi
2, DG Housing Askari Colony 13 Rawalpindi
Defendants

Suit for Declaration Permanent and Mandatory Injunction

1. That the plaintiff is allottee of the house bearing membership number 6845
Askari 13 Rawalpindi vide an allotment letter issued dated 4 th of August 2009.
2. That there is a green area measuring 112(ft)*60*68 adjacent to the house of
the plaintiff and as per clause 2,3,4 and 9, no open space/ green area of the
said housing society can be leased out or constructed either by the allottee or
by the housing directorate itself , as it is a general law of the land that a
green area cannot be converted into housing scheme or can be used for any
commercial activity.
Terms and conditions are reproduced as below:-

All open places are the property of the Govt and cannot be leased out
to members.
Alterations with the the building line, if required by the allottee can be
done by him only after prior written approval of the housing

directorate, additions outside the building line or any change in the

faade of the house /apartments are not allowed.
If any encroachment/unauthorized construction is made by the allotter
the same shall be demolition by Housing Directorate without any
notice whatsoever and at the risk and cost of the allottee.

The House /apartments including garage shall be used exclusively for

the residential purposes and no office, or business or commercial
activity of any nature shall be carried out in it.
3. That the planted many shrubs and grass to improve the environment of the
said green area after obtaining required permission from the housing
directorate.
4.

That 3 days ago the employees/laborer of the defendants visited the site and
ear marked the specific portion of the said green area which clearly depicts
that the defendants is trying to carry out a some sort of construction work in
the said green area whereas the terms and conditions printed overleaf the
allotment letter speaks otherwise.
5. That if any sort of construction work is required the same can be done over
the residential land available with the defendant authority. By using the green
area for the construction work it would not only destroy the beauty of the
area but shall also cause hindrance in the light, air, privacy and other
easement rights available to the plaintiff in particular and to other residents
in general if the construction works is allowed to be carried out on the said
green area.
6. That the visit of employees of Defendants, availability and gathering of the
construction material is violation of the Askari rules and regulations printed
overleaf of the allotment letter.
7. That if the defendants are not restrained from carrying out the construction
work the plaintiff shall suffer and un reparable loss.
8. That the defendants were requested to restrain from carrying out the
construction work on the green area but their adamant and flatly refused to
accede the genuine request made in this regard and paid no heed .
9. That the cause of action firstly arose on 19-08-2016 which continues to exist
till the filing of the suit.
10.That the office of the defendants situated in Rawalpindi and the plaintiff are
also settled at Rawalpindi hence this learned court has got territorial
jurisdiction to entertain and try the suit.

11.That the value for the purpose of court fee and jurisdiction is fixed for Rupees
15000/- which is exempted from the levy of court fee.
Prayer.
It is prayed that a decree for declaration to the extent that no authority ,
functionary or individual is allowed to construct/ change the green area lying
in the said housing society as per its whims and wishes and the act of the
defendants is unlawful, against the rules , terms and conditions, void ab
natio and b declared as such. May be passed in favor of the plaintiff against
the defendants a decree for permanent injunction restraining the defendants
from claiming the nature of the green belt/area and from raising any sort of
construction work in any manner whatsoever. It is again prayed that a decree
for mandatory injunction by directing the defendants to remove the
constructions material available /gathered and brought at the site, any other
relief which this honorable court deems fit may also be granted.
Plaintiff
Col ( R ) Mushtaq Ahmad Khan
Thorough Council
Ahmed Wasim Ch
Raja Abdul Qadeer Janjua
Advocates.

IN THE COURT OF SENIOR CIVIL JUDGE RAWALPINDI

Col(R) Mushtaq Ahmed Khan

Versus Assistant Director Housing
Askari Colony 13 Rawalpindi and others
Suit for Declaration Permanent and Mandatory Injunction
APPLICATION UNDER ORDER 39 RULE 1 AND 2 CPC
Respectfully Sheweth:1- That the applicant has filed the above captioned suit in this
honourable Court, contents of which may be read as integral part
hereof, applicant has a good prima facie case.
2- That if the respondents No. 1 to 2 are not restraint from the
construction work over the suit property ( Green area/belt) , in
any manner whatsoever, applicant shall suffer irreparable loss.
3- That balance of convenience also lies in favor of the applicant.
It is, therefore, respectfully prayed that ad-interim injunction restraining the
respondents No. 1 to 2 from the construction work and removing the construction
material over the suit property( Green area/belt ) in any manner whatsoever
may kindly be issued.

Applicant
Col(R) Mushtaq Ahmed Khan
Through
Ahmed Wasim Ch
Raja Abdul Qadeer Janjua
Advocates

IN THE COURT OF SENIOR CIVIL JUDGE RAWALPINDI

Col(R) Mushtaq Ahmed Khan

Versus Assistant Director Housing
Askari Colony 13 Rawalpindi and others

Suit for Declaration Permanent and Mandatory Injunction

APPLICATION UNDER ORDER 39 RULE 1 AND 2 CPC
AFFIDAVIT

I, Col(R) Mushtaq Ahmed Khan son of Saifullah Khan Resident of House Number SD
173 Askari 13, Rawalpindi, do hereby solemnly affirm and declare that the contents
of attached application are true to the best of my knowledge and belief and nothing
is being concealed there from.

Deponent

Verified on Oath that the contents of above affidavit are true to the best of my
knowledge and belief.

Deponent