SYED SAEEDUDDIN NASIR, J.--The plaintiff has filed the present suit under Order XXXVII Rules 1 and 2 of Civil Procedure Code, 1908 with the following prayers:--
(1) "To direct the defendant to pay Rs,2,50,00,000/- (Rupees two crore fifty lacs only) to the plaintiff with mark-up at the rate of 22% per annum, from the date of issuance of cheques till realization of the amount.
(2) Cost of the suit also be awarded to the plaintiff. "'Any other relief (s) this Hon'ble Court deem fit and proper in the nature and circumstances of the case."
1. The brief facts of the case are that in the year 2005 the defendant along with one of his friend namely Mr. Naseem (Income Tax Inspector) approached the plaintiff and disclosed that defendant has 303 acres land situated in Deh Allah Pai, Tappu Songal, Gadap Town, Karachi, which he has acquired from the original Khatadaran through a sale agreement dated 08.6.2005, and want to sell at the rate of Rs,22,500/- per acre.
' The plaintiff agreed to purchase the said land in the sum of Rs,6,81,75,000/- (Rupees six crore eighty one lacs and seventy five thousand only), as such, on 20.10.2005, the defendant executed agreement of sale in favour of plaintiff and received Rs,75,00,000/- (Rupees seventy five lacs only) as token money from the plaintiff. Defendant was also committed to get the latest Form-VII, and plaintiff will pay him the expenses incurred therein, adjustable towards the cost of the land.
' The token money was paid in two parts i.e, an amount of Rs,50,00,000/- (Rupees fifty lacs only) on 29.09.2005 and Rs,25,00,000/- (Rupees twenty five lacs only), on 20.10.2005 via transfer at the time of execution of the agreement of sale, as such, both the amounts mentioned separately in the agreement of sale.
' After execution of the aforesaid agreement the defendant was committed to meet terms and condition of the agreement and provide certified copies of title documents and fresh Form-VII however, after some time the defendant informed the plaintiff that he has convinced the original Khatadaran/owner of land to execute Power of Attorney directly in favour of plaintiff and demanded further payment which he intended to pay to the original owners, therefore, on different occasions, on different pretexts and received a total amount of Rs,2,50,00,000/- (Rupees two crore and fifty lacs only) including token - money from the plaintiff and thereafter the defendant brought dummy/fictitious people in MAZDA van along with so-called Registrar at Naveed Garden, in Gulshan-eIqbal and called upon the plaintiff for execution of General Power of Attorney as such, the plaintiff went to Naveed Garden, where the fictitious owners of land executed General Power of Attorney in favour of plaintiff and, which was attested/registered by so-called representative of Sub-Registrar Office brought by the defendant. The defendant also provided certified photo stat copies of the property documents and original Deh Form VII to the plaintiff.
' The plaintiff thereafter approached to the Mukhtiarkar Revenue and Settlement Department for verification of the property documents where plaintiff came to know that the documents delivered to the plaintiff and General Power of Attorney executed in favour of plaintiff were fake, fabricated and manipulated. The plaintiff again approached the defendant and informed him about his cheating and fraud on which the defendant requested the plaintiff for time and undertook that within a period of one month, he will get all the documents verified and will inform the plaintiff, but the defendant failed to get the documents verified from the concerned departments as per his commitment. The plaintiff in the above circumstances again approached the defendant and cancelled the deal and demanded refund of the amount of Rs,2,50,00,000/- paid by the plaintiff to the defendant as part payment of the sale consideration, but the defendant kept the plaintiff on false hopes for a long time. Ultimately the defendant issued three post dated cheques bearing No, (1)CD-0312350, (2) CD-0312351 for Rs,100,00,000/- (Rupees one crore only), each and (3) CD- 0312352 for Rs,50,00,000/- (Rupees fifty lacs only) drawn on Bank Al-Falah, Bahadurabad Branch, in favour of plaintiff.
' That on due date when the above mentioned cheques were presented to the concerned bank for encasement but both the cheques were dishonored and returned to the plaintiff with the bank note/endorsement as "Insufficient funds". Photocopies of the cheques are annexed with the plaint as exurban "P-1 to P-3".
' That when the plaintiff asked the defendant about his mis-commitment, cheating, fraud and breach of trust and demanded refund of his money due against him but the defendant instead of accepting his fault/guilt rather started to abuse the plaintiff and threatened him for dire consequences and loss of his life in case he would not abdicate from his claim/demand ultimately, finding no way out the plaintiff lodged three FIRs against the defendant. The defendant instead of realizing the claim of plaintiff attempted to dragged the plaintiff in false and frivolous civil litigation by filing Civil Suit No,156/2008, however, the plaintiff filed application under Order VII Rule 11, C.P.C., before the trial Court which is pending for order. Photocopies of three FIRS are annexed with the plaintiff as annexure "P-4 to P-6".
2. Mr. Ghulam Ghous, Advocate was appearing for defendant. In order dated 16.10.2012 Mr. Ghulam Ghous, Advocate stated that his client/defendant is not in his touch. Vide order dated 04.02.2013 the application C.M.A. No,4331/2009 under Order XXXVII Rule 3(2) read with Section 151, C.P.C. Filed by learned counsel for defendant for grant of leave to defend the suit, the same was dismissed for non-prosecution. Thereafter none has appeared on behalf of the defendant.
3. The plaintiff has filed affidavit-in-ex-parte proof (Affidavit-in-evidence). On 17.5.2013 Mr. Ghulam Nabi Qureshi son of Muhammad Ibrahim was examined before this Court who produced the relevant documents before this Court as follows:- "I see my affidavit-in-ex parte proof (affidavit-in-evidence), which bears my signature. The contents of the same are true and correct. I produce the said affidavit-in-ex parte proof (affidavit-in-evidence) as Exhibit PW-1/3.
I also say that the contents of plaint are true and correct and bears my signatures. I produce photo-state copy of Agreement of Sale dated 20.10.2005, executed by defendant in my favour (consisting of three pages) and marked "X". I produce certified copy of photo-copy of cheque No . CD-0312351 dated 01.11.2006, drawn on Bank AlFalah Limited, Bahadurabad Branch, Karachi for the sum of Rs,10,000,000/- (ten million) in my favour as Exhibit PW-1/4. I produce certified copy of photocopy of cheque bearing No, CD-0312350 dated 01.11.2006, drawn on Bank Al-Falah Limited, Bahadurabad Branch, Karachi, for the sum of Rs,10,000,000/- (ten million) in my favour as Exhibit PW-1/5. I produce copy of letter written to Investigation Officer, New Town Police Station, Karachi dated 30.4.2009 and copy of cheque No, CD-0312352 dated 01.11.2006, drawn on Bank AI-Falah Limited, Bahadurabad Branch, Karachi for the sum of Rs,5,000,000/- in my favour and marked as "X/1.
4. The claim of the plaintiff which has been stated on oath and has gone unattributed, unchallenged and has not been denied by the defendant. The claim of the plaintiff is legal and lawful.
5. In view of the above the plaintiff is entitled to the prayer clauses (1) and 2 and I, therefore, decree the suit in terms of prayer clauses (1) and (2) of the plaint with cost of the suit as per Rules.
' Above are the reasons for the short order announced in the open Court on 19.11.2014.