That the Property was originally allotted by the Government to Mrs. Bapai Kaikkusro Contractor under the Sanad dated 1st September, 1875 for 99 Years. The said Mrs. Bapai Kaikhusro Contractor gifted the Property to Mrs. Hootoxi Riroshaw Kavasji by way of Gift Deed bearing Registered No. 3225 at Pages 17 to 20, Volume No. 1137 of Book No. I, addl duly registered with the office of Sub-Registrar, Karachi dated 27.05.1964.

That Mrs. Hootoxi Piroshaw Kavasji sold/conveyed the Property to Cosmopolitan Investments Limited by way of Deed of Conveyance bearing registered No. 4805 at Pages 9 to 10, Volume No. 707, Book No, I, addl. dated 26-08-1976 duly registered with the office of sub-registrar-T, Div-I, Karachi, and then was liquidated vide Certificate of Liquidator issued by Iqbal L. Bawany, Liquidator dated 23.05.1983.

That thereafter the Property was registered in the name of the Zakaria Adamjee Charitable Foundation as per the Certificate issued by the Deputy Registrar, Joint Stock Companies, Karachi Vide No. K-41/7045 dated 18.03.1984. The Deputy District Officer, Sadder Town, Karachi renewed the lease on 15.12.2003 in favor of the said Zakria Adamjee Charitable Foundation, and the said Zakaria Adamjee Charitable Foundation as the owner of the Property under approved Plans No. PCA/DCB. VIII/Prop/39/82/330, dated 30.08.1982 started constriction of Electronic Market on the Property under the name and style of Gemini Electronic Centre/ Gemini Shopping Plaza.

That Zakaria Adamjee Charitable Foundation sold the Property to Defendant No. 1 vide conveyance deed bearing Registration No.3284, Book No. I, dated: 08-09-2003 and M.F Roll No.U-66609/1491,  dated: 08-10-2003. Thereafter, Defendant No. 1 sold the Property to the Defendant No. 2 vide Indenture of Sale Deed bearing Registration No. 2003 with Sub- Registrar-II, Saddar Town, Karachi dated 23.07.2010.

That Subsequently the property was purchased by the Applicants jointly from the Defendant No. 2 vide Sale Deed bearing registered No. 2827 with Sub- Registrar-II, Saddar Town, Karachi dated 28.06.2022, hence, the Applicants are seized and possessed in their own and exclusive right as the owners of and are otherwise well and sufficiently entitled to the Property.

That the Defendant No. 2, after purchasing the property from Defendant No. 1, came to know that Zakaria Adamjee Foundation had previously obtained permission from C.D.C. vide Letter No. CTS/CS-1/10-8/82, dated 10.10.1982 and had offered for sale various shops in the said Project, and in such context entered into agreements with various Allottees, who had filed  a Civil Suit No.82/2007 for Specific Performance against Zakaria Àdamjee Charitable Foundation and Defendant No. 1, in the Honourable High Court of Sindh at Karachi.

That the Defendant No. 2 became party to the said Suit and consequently, during pendency of the above said Suit No.82/2007, a joint statement was filed on behalf of Defendant No. 1 & 2 in the Hon’ble High Court of Sindh, wherein it was stated that the Defendant No. 2 is the absolute, legal, equitable and lawful owner of the Property having acquired the same via Registered Sale Deed dated: 23-07-2010 and Defendant No. 1 had relinquished all its rights and obligations in respect of the Property by virtue of Sale Deed dated 23-07-2010. Subsequently, the Hon’ble High Court passed Decree dated 12.11.2009, and in terms of said decree, the Defendant No. 2 was willing to execute the sub-lease Deeds in favor of the Allottees subject to verification of payments evidence.

That based on the joint statement submitted on behalf of Defendant No. 1 & 2 before the Honourable High Court, the Defendant No. 2 executed 28 sub-leases, out of 56 Shops, to different Allottees and the Applicants also agreed by signing Sale Deed that after execution of Sale Deed, the Applicants shall execute the Sub-Lease Deeds of the remaining shops in favor of the Allottees subject to verification of payment evidence, in terms of the Decree of the Hon’ble High Court.

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