IN THE COURT OF SENIOR CIVIL JUDGE NO. HYDERABAD.

F.C.SUIT NO. OF 2009

1. Mazhar Hussain S/o Niaz Hussain

Adult, muslim, by caste Qureshi,
R/o House No.413 Sakhi Pir Road,
Firdous Colony,Hyderabad.
2. Ustad Fateh Ali Khan S/o Ghulam Rasool Khan
(Prize of performance)
R/o Liaqat Colony Hyderabad.
3. Muhammad Hanif S/o Muhammad Parial
Adult, Muslim, by caste Lashari
R/o Bungalow No.362 Gulshan-e-Hadeed
Karachi, At present Liaquat Colony, Hyderabad. Plaintiffs

VERSUS
,
Ameer Bux Alias Ustad Ameer Ali Khan
(Chief Instructor) LAI SUR TALL.
President Sindh Ragi Fankar Welfare Association
R/o H.No.633, Ward0-G, Sakhi Pir Colony near Shahab
Cinema Mall Pari Hyderabad. ………… Defendant.

SUIT FOR DAMAGES OF RS.30,00,000/-

The plaintiffs above named respectfully submit as under:-

1. That plaintiffs are peace loving and law abiding citizen of Pakistan

residing at the above address along with his family and property`.
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2. That the plaintiff No.1, belong to the famous “GWALIOR” family of

Musicians beside classical music they also sing the poetry of Shah

Abdul Latif Bhitai, which he inherited from his father/elders, he also

belonging to noble family of Ustad Manzoor Ali Khan late, who was not

only a classical singer but possessed good reputation and respect

among the social circle as well as music world thorough out world and

his services are still remembered in our province Sindh as well as

outside the country.

3. That the Plaintiff No.1 is also one of famous singer in classical music

and songs as well known as pure sindhi artist and he also worked in

development of Sindhi Music and he devoted his entire life in this field,

in this respect he performed through out country including abroad and

held number of music programmes at Germon Culture Centre, Karachi

on 14.09.1996 and Sindh Academy Dehli at India, at Indo Pak Sindhi

Literary and Culture Conference and also Pakistan Embassy at

Washington D.C USA and other countries. He also performed in “Kul

Pakistan Music Conference Karachi” which was held under Pakistan

Conference Mosooqi and performance of the plaintiff No.1 was highly

admired. The plaintiff NO.1 also performed at Adabi Markaz

Washington D.C USA where he performed in respect of a programme

held in respect of late poet of Asia namely Faiz Ahmed Faiz as known

“Yaad-e-Faiz”. The plaintiff No.1 also obtained awards due to his

good performance viz. big award of Sindh namely “Shah Latif

Awards”. The plaintiff No.1 also performed in musical programme

“Sindh Surgam Music Festival” held under the Ministry of Culture,

Pakistan National Council of the Arts on 26 th to 28th May, 2009 at

Karachi. He also performed in T.V. programme at K.T.N.

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4. That plaintiff No.2 is also well known figure in music world particularly

classical music. He also belongs to noble family of “GWALIAR

GHARANA” family and main achievement of his life is that the United

Nations also admired his performance and such article was published

in daily Dawn dated 24.07.2000, he is first Pakistani singer, who

performed in UN which itself is sufficient to show his personality and

musical achievements. He also achieved a noble award of pride of

performance on behalf of President of Islamic Republic of Pakistan and

he performed at country as well as abroad.

5. That plaintiff No.3 is also famous figure in music and well known artist

and performed in various programmes in Sindh as well as abroad and

achieved number of awards including “Shah Latif Award”, K.T.N

award and others and devoted towards music and possessed good

reputation and respect in his field as well as society in general.

6. That plaintiffs are very well known personalities and possessed their

respect and reputation and they belong to noble families in this regard

they all devoted their entire life to their field (Music) with sincerity and

honesty and their character during their entire carrier remained clean,

fair and unblemished in their field.

7. That the defendant poses himself to be a artist holding programmes in

Sindh in order to get undue benefit in the name of musical programmes

showing the names of famous singers in the invitation cards.

8. That the defendant No.1 held one programme in the name of “Lai

Surtal” and he shown himself to be President of Sindh Raagi Funkar

Association, which is neither registered nor having any existence.

9. That the defendant published one card in the name and style

“MERAKO” (One evening with Shazia Taranum) on behalf of Lai

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Surtal Music Institute at Hyderabad on 26 th April, 2009 at Mumtaz

Auditorium Sindh Mea sum Qasimabad Hyderabad.

10. That after publication of the card, when the plaintiffs received such card

from their well wishers, they were surprised to see their respective

names to be guest singers including other singers, though neither they

were contacted by the defendant No.1 nor they agreed to participate in

the programme held by the defendant, thus, mentioning their names in

the so called programme without their consent and knowledge, wish, is

an illegal act on the part of the defendant and it damaged the reputation

and respect of the plaintiffs because the object of the defendant was to

gain undue benefit under the garb of musical programme.

11. That after receipt of such card, the plaintiffs issued legal notice dated

25.4.2009 through their counsel against the defendant requiring him to

pay damages to the plaintiffs for damaging their respect and honour in

the name of so called programme without their consent so also to take

unconditional apology but the defendant did not bother to reply such

notice and held programme as per his schedule.

12. That the plaintiffs also published such news in leading newspapers of

Sindh namely Koshish and Shaam one day before programme wherein

they clearly stated that they were not participants of the programme

held by the defendant without their consent and that the defendant

wants to get undue benefit from the programme while misusing their

names and reputation.

13. That the defendant also obtained huge amount from the people in the

name of donation towards programme which also caused damage to the

respect and honour of the programme.

14. That the plaintiffs issued a re-minder notice dated 11.05.2009 to the

defendant but the defendant failed to reply the same and thus the
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contents of notice issued by the plaintiffs stood admitted by the

defendant as the notice was sent to the defendant by and as well as

through courier service and same was delivered to him.

15. That due to illegal and unlawful act of the defendant while showing

their names in the cards to be participants/guest singers and getting

undue benefit caused loss to the respect and reputation of the plaintiffs

in their social circle as well as their friends and society and they also

sustained mental agony on the part of defendant and sustained legal

injury to their respect and honour as the plaintiffs never involved in

participating in any fake and fictitious programme which held only for

getting undue benefit and without any social cause.

16. That the loss sustained by the plaintiffs is assessed to the tune of

Rs.30,00,000/- (10,00,000 each plaintiff), and the defendant is liable to

pay the same to the plaintiffs along with interest at bank rate.

17. That cause of action accrued to the plaintiffs to file the present suit in

the month of April, 2009 when the defendant issued cards for holding

MERAKO under the Lai Surtal Music Institute and shown himself to be

President of Sindh Raagi Funkar Welfare Association and on 26th April,

2009 when such programme was held and specially when notices were

issued against the defendant and publication were also made in the

newspaper but defendant did not reply, the same is continuing day by

day till today.

18. That for the purpose of court fee, the suit for damages is valued at

Rs.30,00,000/- for which the maximum court fee of Rs.15000/- has been

paid.

19. That the cause of action accrued to the plaintiff within territorial

jurisdiction of this Honorable Court, hence this Honorable Court has

got jurisdiction to entertain this suit.

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20. The plaintiff, therefore, prays for Judgment and Decree as under:-

PRAYE R

a) That this Honorable may be pleased to award damages of

Rs.30,00,000/- (Thirty Lacs) being Rs.10,00,000/- for each plaintiffs

and direct the defendant to pay the same to the plaintiffs along with

interest at the bank rate from filing of the suit till payment of the

amount.

b) Award costs.

c) Any other relief.

Hyderabad.

Dated. July 27, 2009. Plaintiff No.1

Plaintiff NO.2

Plaintiff No.3.

VERIFICATION.

I, Mazhar Hussain S/o Niaz Hussain, Adult, Muslim, by caste Qureshi, R/o

House No.413 Sakhi Pir Road, Firdous Colony,Hyderabad do hereby verify on

oath that whatever stated above is true and correct to the best of my knowledge

and belief.

Deponent

The deponent above named is identified by me to commissioner for taking

affidavit.

Advocate
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The deponent above named has been identified by Mr. Ishrat Ali Lohar

advocate, who is know to me.

Commissioner for taking affidavit.

Contents of above affidavit were truly and audibly read over and explained to the

deponent in his mother tongue i. e Sindhi and he understood the same to true and

correct and put his signature/ LTI in my presence.

Commissioner for taking affidavit.

DOCUMENTS FILED

1. Photostat copies of awards, publications and cards, photographs

Annexure A to

2. Original Card issued by the defendant regarding alleged programme

“MERAKO” Annexure B.

3. Copy of Legal notice dated 25.4.2009 Annexure C.

4. Copy of reminder notice dated 11.5.2009 Annexure D.

DOCUMENT RELIED UPON

All relevant documents.

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IN THE COURT OF SENIOR CIVIL JUDGE NO. HYDERABAD.

F.C.SUIT NO. OF 2009

Mazhar Ali and others ………. Plaintiffs.

Versus

Ameer Bux ,,,,,,,,, Defendant.

LIST OF LEGAL HEIRS OF PLAINTIFFS.

Plaintiff No.1

1.

2.

3.

Plaintiff No.2

1.

2.

3.

Plaintiff No.3

1.

2.

3.

Hyderabad,

Dated. July 27,2009. Advocate for Plaintiffs