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IN THE HIGH COURT OF SINDH

AT KARACHI
(Original Civil Jurisdiction)
Civil Suit No. / 2018

Adam A. Muchhadda
Son of Abdul Karim Muchhada
Muslim, adult, Resident of
199, Bock-B, Adam Jee Nagar,
Khatiawar Cooperative Housing Society,
Tipu Sultan Road,
Karachi ………………………..……………………………… Plaintiff

VERSUS
Captain (R) H.A. Rahim
Son of Kaka Muhammad
Muslim, adult, resident of
15-A, Dada Bhay Town,
shaheed-e-Millat Road, Extension,
Karachi ……..…………….…………………………….. Defendant

SUIT FOR RECOVERY OF DAMAGES.

The plaintiff above-named submits as under:-

1. That the plaintiff is respectable and senior citizen. He is member of

Jet Pur Memon Association prior to the partition and served as Joint
Secretary up to the years 1944. He also served as Joint Secretary of
the Kathiawar Co-Operative Housing Society Limited and Honorary
General Secretary of Babul Islam Mosque from 1957 to 1966 and
subsequently served as Vice President. He contested election of the
Managing Committee of the Kathiawar Co-Operative Housing Society
Limited and got the highest votes. He has also served as Chairman of
the Society for a while and is also member of the Supreme Council of
All Pakistan Memons Federation of Pakistan.
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2. That in fact, some litigations between the plaintiff and the Defendant,
concluded on technical basis in favour of the Defendant. The issues in
litigations between the parties were not concluded on merits. The
Defendant on 14-09-2018, served a notice to the Chairman the
Kathiawar Cooperative Housing Society Limited with various false
allegations against the plaintiff, wherein demanded that the plaintiff
be removed from the Society. As according to the Defendant, the
plaintiff does not qualify now in terms of bye-law 51 of the Society.
(Letter dated 14-09-2018 written by the Defendant to the Chairman
Society is enclosed and marked as annexure A).

3. That the Chairman Cooperative Housing Society responded the letter

of the Defendant dated 14-09-2018 with the view that case of the
plaintiff does not fall in the categories mentioned in bye-law 51 of the
Society, therefore, he cannot be removed as demanded but the
Defendant avoided to receive the reply of the Society purposely twice
and it was reported that the premises is closed. (Photostat copy of
reply sent to the Defendant is enclosed and marked as annexure B).

4. That in spite of the facts, the Defendant purposely and willfully failed
to receive the reply of his notice, send by the Chairman, he on 04-11-
2018 in Daily Millat Gujrati Karachi published a defamatory notice /
pronouncement with the sole purpose to impute and defame the
plaintiff. The allegations made by the plaintiff against the Defendant
in publication dated 04-11-2018 are completely false, incorrect as for
the allegations, the Defendant has no proof. (Copy of pronouncement
Daily Millat Gujrati and its true translations are enclosed and
marked as annexure C & D).

5. That from the perusal of public notice / pronouncement dated 4-11-

2018 published by the Defendant in Daily Millat Gujrati Karachi and
letter dated 14-09-2018, since the Defendant made false allegations
and the plaintiff got problem in his private life as he has been lowered
down and he felt disrespect amongst his well wishers as well as in the
community at large. The plaintiff has been insulted, suffered sufficient
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mental pain, agony and torture amongst his friends and relatives
because of the letter written by him to the Chairman and public notice
in Daily Millat Gujrati. The plaintiff has also suffered loss in business
activities and in performance of his lawful obligations in the Society
as well.

6. That the plaintiff due to false allegations of the Defendant made in the
letter dated 14-09-2018, written to the Chairman of the Society and
public notice dated 04-11-2018, published in Daily Millat Gujrati
Karachi send a legal notice by TCS, UMS and registered post but
letter sent through UMS & TCS were returned in the endorsement to
refuse to receive by the Defendant but the notice sent through
Registered post have not been returned so far, so therefore, there is
lawful presumption that the same has been delivered to the Defendant.
(Photostat copy of legal notice dated 13-11-2018, envelops returned
by TCS and UMS and postal receipts are enclosed and marked as
annexure E, F, G & H).

8. That the Defendant has no right, title and authority of whatsoever

nature may be to write and publish any matter regarding the plaintiff
or anybody else that is absolutely false, fabricated and baseless which
degrades, lower down the plaintiff among his well wishes. The
Defendant because of aforesaid letters has interfered in the private
life of the plaintiff, as the plaintiff felt disrespect, insult and sufficient
mental pain, torture, agony because of the false letter / notice of
Defendant to the Chairman Society and public notice /
pronouncement dated 04-11-2018 in Daily Millat Gujrati, the plaintiff
claims damages in the sum of rupees fifty Millions from the Defendant
as both the letters / notices were based on the ulterior motive, false,
concocted, defamatory and insulting material without proof as story
mentioned therein, by the Defendant is totally false and unfounded. It
was evil design of the Defendant to blackmail the plaintiff.

9. That the cause of action accrued to the plaintiff against the Defendant
firstly on 14-09-2018, when he made unlawful demand with false
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allegations from the Chairman of the Society, on 04-11-2018, when he
published a contemptuous statement / pronouncement in Daily Millat
Gujrati Karachi and further on 13-11-2018, when legal notice given
to him and the same remain to continue day to day till the filing of this
suit within the local limits of Police Station, District Karachi East, as
the cause of action accrued therein. The plaintiff and Defendant both
are resident of Karachi city, which is within the jurisdiction of this
Honorable Court.

11. That for the purpose of Court-fee and jurisdiction the suit is valued at
Rupees fifty millions and maximum Court-fee of Rs. 15,000/- has been
affixed.
P R A Y E R

The plaintiff, therefore, prays for judgment and decree in his favor and
against the Defendant as under;-

a). To direct the Defendant to pay Rupees Fifty Millions or any other
amount, which this Honorable Court may deem fit and proper under
the circumstances of this suit, to the plaintiff .as damages.

b). Compensatory Cost of the suit under Section 35.A of the Civil
Procedure Code.

c). Any other equitable relief(s) which this Honorable Court deems fit and
proper under the circumstances of this suit.

Karachi.
Dated:- 25.05.2018. Plaintiff

Advocate for the plaintiff

V E R I F I C A T I O N.

I, Adam A. Muchhadda son of Abdul Karim Muchhada, Muslim,

adult, Resident of Bungalow No B-199, Kathiawar Housing Society,
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Johar Road, Karachi / Plaintiff above named do hereby state and

verify on oath that whatever has been stated above is true and correct
to the best of my knowledge, information and belief.

Deponent
CNIC No. 42201-4127361-9
Cell No. 0321-2017788

Commissioner for taking affidavit

Documents filed with annexed A to H

Documents relied upon As above and all other

necessary documents to prove case
of the Plaintiff
 IN THE HIGH COURT OF SINDH
AT KARACHI

Civil Suit No. /2018

Adam A. Muchhadda ………..……………………………… Plaintiff

VERSUS
Captain (R) H.A. Rahim ….…………………………….. Defendant

ADDRESS OF PLAINTIFF
FOR SERVICE

Bungalow No B-199, Kathiawar Housing Society, Johar

Road, Karachi

Karachi Advocate of the Plaintiff

Dated: 17-12-2018
 IN THE HIGH COURT OF SINDH
AT KARACHI

Civil Suit No. /2018

Adam A. Muchhadda ………..……………………………… Plaintiff

VERSUS
Captain (R) H.A. Rahim ….…………………………….. Defendant

ADDRESS FOR PLAINTIFF’S

COUNSEL FOR SERVICE

Aashir Law Associates

15th Mezzanine, Zamzama Mall, 7th Comm. Lane,
Zamzama Commercial Area, Phase-V,
Pakistan Defence Officers Housing Authority,
Karachi

Karachi Advocate of the Plaintiff

Dated: 17-12-2018
 IN THE HIGH COURT OF SINDH
AT KARACHI

Civil Suit No. /2018

Adam A. Muchhadda ………..……………………………… Plaintiff

VERSUS
Captain (R) H.A. Rahim ….…………………………….. Defendant

LIST OF PLAINTIFF’S LEGAL HEIRS

1) Mst Zaibun-Nisha, daughter, 60 years.

2) Khairun-Nisha, daughter, 58 years.

3) Farida, daughter, 54 years.

4) Mumtaz, daughter, 53 years

All legal heirs are residing with the plaintiff at House. # 199, Adam
Jee Nagar, Block B, Tipu Sultan Road, Karachi.

In the event of death of the plaintiff Legal Heir #. 4 shall intimate this
fact to the Honorable Court.

Karachi Advocate of the Plaintiff

Dated: 17-12-2018
 IN THE HIGH COURT OF SINDH
AT KARACHI

Civil Suit No. /2018

Adam A. Muchhadda ………..……………………………… Plaintiff

VERSUS
Captain (R) H.A. Rahim ….…………………………….. Defendant

LIST OF DOCUMENTS
To be prepared later with consideration of Tanveer

Letter dated 6.11.2000 written by defendant to Mr. Ali Tabba

1 Letter dated 27.11.2000 written by defendant to Mr. Ali Tabba

2 Legal Notice dated 25.11.2000 addressed to defendant by counsel of the

plaintiff

3 Receipt of aforesaid Legal notice.

Karachi Advocate of the Plaintiff

Dated: 17-12-2018