Suit 248/2008 (S.B.) Sindh High Court, Karachi

Sindh High Court · 2023 · Before Jawad Akbar Sarwana

Gulzar Ahmed and Another v. Muhammad Zaman and Another Plaintiff No.1 : Gulzar Ahmed s/o Nazar Muhammad, and Plaintiff No.2 : Muhammad Anar s/o Sher Muhammad, through Barrister Muhammad Sarmad Khan and Mr Muhammad Qasim Iqbal, Advocates Defendant No.1 : Muhammad Zaman s/o Muhammad Abdul, through Mr Nayyar Ziauddin, Advocate Defendant No.2 : Agricultural Development Bank of Pakistan Limited through Mr Sanaulllah Noor Ghouri, Advocate Dates of Hearing : 04.10,2023, 13.12.2023 and 16.12.2023 Date of Announcement Decision : 15.03.2024 J U D G M E N T Jawad Akbar Sarwana, J.: On 22.01.2008, the Plaintiffs, Gulzar Ahmed s/o Nazar Muhammad (“Plaintiff No.1”) and Muhammad Anar s/o Sher Muhammad (Plaintiff No.2)(severally and jointly referred to as “the Plaintiffs”) filed the above-titled suit for Specific Performance, Damages and Permanent Injunction against Defendants, Muhammad Zaman s/o Muhammad Abdul (Defendant No.1)(hereinafter referred to as “MZ”) and Agricultural Development Bank of Pakistan Limited (formerly known as “Zarai Tarkiati Bank Ltd.”)(Defendant No.2)(hereinafter referred to as either “ADBPL” or “Zarai Tarkiati Bank” interchangeably, as the case may be). The Plaintiffs prayed for the following reliefs against MZ and ADBPL: “(a) Directing the Defendant No.1 to execute the Sale Deed in respect of house bearing No.1038, Khyber Colony, Orangi Town, Karachi and in case of refusal by him the Nazir of this Hon'ble Court may be appointed for the execution of the Sale Deed in respect of the said house in favour of the Plaintiffs. -2- (b) Directing the Defendant No.1 to pay the amount of Rs.185,000/- which the Plaintiffs have paid to the Defendant No.2 on behalf of Defendant No.1 as bank loan and also pay the damages to the extent of Rs.5,000,000/- (Rupees Fifty Lac only) to both the Plaintiffs. (c) Directing the Defendant No.2 to deposit the original title documents in respect of the said property before the Nazir of this Hon'ble Court on the ground that the entire bank loan has been paid by the Plaintiffs to them. Restraining the Defendant No.2 to hand over the title documents to Defendant No.1. (d) Further restraining the Defendant No.1 to his nominees, agents, attorneys to create third party interest or to dispossess the Plaintiffs from the property in question without due course of law. (e) Restraining the Defendant No.2 to transfer the above said property in the name of any person. (f) Cost of the suit. (g) Any other relief which this Hon'ble Court deem fit and proper under the circumstances of the case.”

2. The brief facts of the case are that on 06.06.2003, Plaintiffs, agreed to a sale transaction with Defendant No.1, MZ, in respect of a bungalow on plot bearing no.1038, Sector 4/F, Khyber Colony, Orangi Town, Karachi, ad-measuring 150 sq. yards (hereinafter referred to as “the Suit Property”). After the agreement of sale, the Plaintiffs allegedly paid in cash to Defendant No.1/MZ, the entire sale consideration of Rs.450,000 and obtained receipt of the same from the latter.

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