SUIT FOR:

A. DECLARATION TO THE EFFECT THAT THE PLAINTIFFS ARE THE

OWNERS IN POSSESSION OF LAND MEASURING 361 MARLAS IN KHASRA
NOS 543/242/1, 543/242/2, 547/237, 247, 248, 314, 32, 323, 324, 325, 535/245/1,
318, 319, 443/320, 449/426/316/1, MOUZA MAHAL SALO RING ROAD NEAR
CHARSADDA ROAD PESHAWAR AND THAT THE DEFENDANTS HAVE NO
RIGHTS WHATSOEVER OVER THE SUIT PROPERTY.

B. PERPETUAL AND MANDATORY INJUNCTION TO RESTRAIN THE

DEFENDANTS FROM INTERFERING IN THE LAWFUL POSSESSION OF THE
PLAINTIFFS OVER THE SUIT PROPERTY AS WELL As FROM INTERFERING
IN THE PROPRIETARY AND LAWFUL RIGHTS OF THE PLAINTIFFS.

C. RENDITION OF ACCOUNTS OF THE A COUNTS OF THE DISSOLVED

PARTNERSHIP FIRM NAMELY "LUSH GROUP". D. RECOVERY OF RUPEES
EIGHT BILLION CRS. 8,000.000.000/-1 AS DAMAGES ON ACCOUNT OF
ACTUAL LOSS CAUSED TO Tag PLAINTIFFS BY THE DEFENDANTS.

E. RECOVERY RUPEES TWO BILLION RS. 2 000 000 000/-I AS DAMAGES

FOR CAUSING MENTAL AND PHYSICAL TORTURE EMBARRASSMENT
AND INCONVENIENCE TO THE PLAINTIFFS.

VALUATION FOR THE PURPOSE OF COURT FEE AND JURISDICTION RS.10,000,000,000/-

Respectfully Sheweth:
1. That the Plaintiffs are the owners in possession of land measuring 361 merles in
Khasra Nos.543/242/1, 543/242/2, 547/237, 247, 248, 314, 32, 323, 324, 325,
535/245/1, 318, 319, 443/320, 449/426/316/1 Mourn Mahal Salo, Ring Road, Near
Charsadda Road, Peshawar. (Copy of Fard is annexed herewith marked "A")

2. That the Plaintiffs and Defendants jointly agreed to construct a multi-storey

building on the property of the Plaintiffs and decided to name the project "Lush
Towers".

3. That in light thereof the parties entered into a Joint Venture Agreement ("IV
agreement") in December, 2021 for the project feasibility, design, approval,
marketing, sales and recoveries and for the construction and operation of the said
project.
(Copy ofJV agreement is annexed herewith marked "B").

4. That it was agreed under the aforementioned JV agreement that the Defendants
shall pay an amount of Rs. 70,000,000/- (Rupees Seventy Million) to the Plaintiffs in
cash while the balance amount of Rs. 30,000,000/- (Rupees Thirty Million) was to be
deposited by the Defendants in the joint account of the firm to be registered. This
payment was to be made at the time of execution of the JV agreement and
establishment of an AOP/partnership firm (registration of partnership firm).

5. That the Defendants tailed to provide the said agreed amount Rs.100.000,000/-
(Rupees One Hundred Million) at the time of execution of the JV agreement. Initially
the Defendants paid an amount of Rs.30.180 Million to the Plaintiffs in cash and
through bank account but tailed to disburse any further amounts thereafter as agreed.

6. That the Defendant then started constructing the site office and the Defendants
claimed to have spent an amount of Rs. 5.00 Million (Rupees Fifteen Million) on the
same.

7. That in March, 2022 the Plaintiffs and Defendants in pursuance of and to

materialize the Joint Venture Agreement entered into a partnership vide Partnership
Deed dated 08.03.2022 in the name of "Lush Group" and the same was registered
with the Registrar of Firms on 13.04.2022 and a bank account in the name of the firm
was also opened in the Bank Al-Habib, Charsadda Road, Peshawar. (Copy of
Partnership Deed & Form-H are annexed herewith marked "C" & "Cl")

8. That the project was pre-launched in mid April, 2022 and till date 29 Apartments
are sold and an amount of Rs. 49.10 Million was received as down-payment from the
purchasers out of which the Defendants only deposited an amount of Rs. 23.10
Million in the Bank Account of the firm while the rest was never deposited in the
firm's account.

9. That while obtaining the NOC, it was agreed to be the responsibility of the
Defendants on which the amount spent was the responsibility of the Defendants, the
Defendants once again violated the terms by stating that the Defendants have no
sufficient money to spend on obtaining NOC. The Plaintiff thus applied for NOC and
the Defendants in order to process the said NOC claimed that an amount of Rs. 3.20
Million (Rupees Three Million) shall be further spent on the fee to be paid to the
Peshawar Development Authority ("PDA"). Accordingly the Defendants withdrew an
amount of Rs. 3.20 Million (Rupees Three Million) in June, 2022 from the account of
the Firm. Thus again violating the terms as agreed. It later transpired that an amount
of Rs. 942,000/- (Rupees Nine Hundred And Forty Two Thousand Only) was also
withdrawn by the Defendants from the Bank Account of the firm for marketing
which again was the responsibility and liability of the Defendants. Hence again the
terms of the agreement was violated. Later it also transpired and the Defendants had
further misused an amount of Rs. 29.081 Million for NOC and design payments,
Marketing Expenses as well as for personal use which again was sheer violation of
the agreement. (Copy of NOCs are annexed herewith marked "D" & "DI")

10. That the Defendants were duty bound and responsible to procure feasibility.
approval of site plan, marketing, sales, recoveries and project construction up to grey
structure level, however, despite repeated reminders the Defendants fail to abide by
the terms as agreed.

11. That the Defendants were time and again requested by the Plaintiffs to abide by
the terms of the agreement but they badly failed to abide by any term as agreed
Neither did the Defendants paid the initial agreed amount of Rupees One Hundred
Million nor were they able to obtain the requisite approvals from various departments
i.e. NOC from the Environment Department, Mechanical Electrical & Plumbing
Design, feasibility, marketing etc. The only document so far obtained by the
Defendants is the NOC from the PDA, however, further drawings for fire fighting,
sewerage disposal and water supply plans asked by the PDA have still not been
provided to the PDA. Similarly, no NOC has been obtained by the Defendants from
the Environment Department.

12. That after the launching of the sales of the units in the project (Sales being the
exclusive responsibility of the Defendants) about thirty one apartments/ units were
sold from which a down payment amount of Rs. 49.10 Million was collected and as
earlier stated this amount was misused by the Defendants and utilized for the action
for which the money was to be provided by the Defendants.

13. That it is pertinent to mention that the duration of construction of the building
was agreed to be four years and accordingly while selling the apartments/units in the
project/ building it was agreed with the purchasers that the sold apartments/units will
be handed over to them within four years and in case of failure the firm will pay to
the purchaser rent of his purchased apartment/unit at the rate of six percent of the
total unit price annually or 0.5 per cent of the total price monthly.

It would again be pertinent to mention here that till date the Defendants have started
no construction on site thus inflicting direct loss to the Plaintiffs as well as to the
property. person and reputation of the Plaintiffs. (Copy of agreement with purchasers
is annexed herewith marked "E"I

14. That in view of the above it is very clear that the Defendants were consistently in
violation of the terms as agreed. When the Defendants despite persistent requests
failed to abide by the terms, respectable elders of the parties intervened to settle the
dispute among the parties. However, keeping in view the attitude of the Defendants,
the Plaintiffs saw no other option but to dissolve the partnership entered between the
parties, and therefore on 09.11.2022. the Plaintiffs Intimated to the Defendants that
they will not further continue with the partnership and therefore it is dissolved.

15. That the respectable elders continued their efforts but all in vain.

16. That in order to bring the dissolution of the partnership into the notice of the
Registrar of Firms and to formalize the dissolution a notice is again served upon the
Defendants and the partnership being a partnership-at-will therefore stood dissolved
on since 19.11.2022 when the Defendants were first notified that the Plaintiffs do not
want to further pursue with the partnership and again through the instant notice.
(Copy of Notices of dissolution of Firm is annexed herewith marked "F")

17. That the Plaintiffs suffered huge losses as also mentioned in the heading of the
Plaint. The actual damage cause to the property in not less than Rupees Three Billion
while in addition the Plaintiff suffered loss to their reputation and severe mental
torture is being caused due to the action and inactions of the Defendants. The
Plaintiffs therefore claim damages as mentioned in the heading of the Plaint and also
submits before this Hon’ble Court that accounts of the lion be rendered before this
Hon'ble Court to further ascertain the actual damage and losses caused to the
Plaintiffs.
18. That the instant suit is brought by the Plaintiffs so that the accounts of the firm
can be settled, so that the investment made by the Defendants and the amounts spent
can be reconciled, the amount due from the Defendants after the rendition of
accounts can be recovered from the Defendants and the damages caused by the
inactions of the Defendants and for the mental torture suffered by the Plaintiffs can
be obtained by them.
(Copy of Bank Statement of the Firm is annexed herewith marked "3")

19. That the cause of action firstly arose to the Plaintiffs against the Defendants when
the Defendants failed to pay the amounts as agreed and secondly when the
Defendants failed to provide the relevant NOCs, feasibility, marketing etc., thirdly
upon their failure to initiate the construction of the project which was to be started
after obtaining the NOC from the Environment Department and lastly when the
amounts received by the Defendants from the sale of apartments were misused and
mutualized by the Defendants. The only construction the Defendants could start was
the construction of the site office, that too in violation of the environment laws and
lastly when despite repeated requests the Defendants failed to settle the accounts with
the Plaintiffs.

20. That the present suit filed by the Plaintiffs against the Defendants is the first suit
and no such suit has been previously filed, pending or decided by any court of law on
the same subject matter.

21. That the entire cause of action also accrued to the Plaintiffs at Peshawar within
the territorial jurisdiction of this Hon'ble Court, therefore, this Hon’ble Court has got
the jurisdiction to entertain and adjudicate upon the present matter.

22. That valuation for the purpose of court fee and jurisdiction is Rs.5,000,000,000/-
and the maximum court fee of Rs. 15,000/- has been affixed on plaint.

It is, therefore, most humbly prayed that the suit may kindly be decreed as prayed for
in the heading of the suit in favour of the Plaintiff and against the Defendants with
costs.