APPLICATION UNDER SECTION 15 OF SINDH RENTED PREMISES ORDINANCE - 1979



IN THE COURT OF SENIOR CIVIL JUDGE & RENT CONTROLLER MALIR AT KARACHI.

Rent Case NO.          OF 2017

Mrs. Nazeer Gull W/O Muhammad Tariq Gull,
Muslim, Adult, Presently Resident of
Habibabad, Baldia Town, 
Karachi &                      ………  ……………… APPLICANT

V E R S U S

1.       Muhammad Riaz Shahid Butt
S/O Abdul Rasheed Butt, Muslim,
Adult, R/O, 1st Floor, House No; R-89,
Pioneer fountain, Sector 16-B,
Scheme 33, Karachi.

2.       Mst. Yasmeen W/O Not Known,
Muslim, Adult, R/O Ground Floor,
House No; R-89, Pioneer fountain,
Sector 16-B, Scheme 33,
Karachi.

3.       Amna W/O Not Known,
Muslim, Adult, R/O, Ground Floor,
House No; R-89, Pioneer fountain,
Sector 16-B, Scheme 33,
Karachi. ……………                           ………….  OPPONENTS.

APPLICATION UNDER SECTION 15 OF SINDH RENTED PREMISES ORDINANACE - 1979

The applicant respectfully begs to submit as under:
1.          That the applicant is an overseas Pakistani and a co–owner of house No: R-89, Pioneer fountain, Survey No: 09, Sector 16-B, Scheme 33, Karachi. Since 1992, she alongwith her family is living at USA & time by time, she alongwith her family use to visit family relatives in Pakistan. In her absence at Pakistan she had appointed her brother-in- law namely Shams-ur-Rehamn to collect rent from opponent No: 01 and to deposit the same in Bank account of MCB. At first, said shams-ur-rehman had deposited the rent amounts collected from opponent No: 01, in said bank account of applicant but after a span of time he started to play fraud & cheatings by misappropriation of funds & properties of applicant. Thereon the applicant had lodged FIR against said Shams-ur-Rehman. [Copy of Title documents of property & FIR No;84/2016, U/S:420/468/471/419/406/506/504/109 /34 PPC, Police Station::Tippu Sultan, are attached herewith as Annexure A1 & A2]

2.          That as the opponent No: 01 was in occupation of the house of applicant i.e house R-89, Pioneer fountain, Sector 16-B, Scheme 33, Karachi, as a tenant. (This property is subject to an action in this application / matter therefore this will be referred to as rented premises here in after). Thereon after lodgment of FIR, the applicant had contacted to opponent No: 01 for payments of rent amounts (arrears & future) or for getting vacate the rented premises.

3.          That thereon to save from un-necessary confrontations & litigation process, both opponent No: 01 & applicant had amicably executed Renewal of Tenancy agreement in respect of rented premises. [Copy of Renewal of Tenancy agreement is attached as Annexure A3]

4.          That after execution of tenancy agreement the opponent No: 01 had started tenancy directly with applicant and in pursuance of said tenancy agreement, the opponent No: 01 was supposed to do as….
A)     From month of April 2016, to pay monthly rent @ Rs: 25000/= (twenty five thousand only) on or before date 10th of each month to applicant through Bank account No: 0000802010103498, Muslim Commercial Bank (MCB), Barnch: I.Rehman Court, Greigh Street, Karachi.
B)     To not sub-let or under-let the rented premises in whole or part to any third person/party under any circumstances.
C)     To pay the all utility bills & electricity.
D)     To keep the premises in good condition & to not make any addition or alteration without written permission of applicant.

5.          That thereafter in the month of December 2016, the opponent No: 01 had contacted to applicant and had intimated that the earlier said shams-ur-Rehman has filed a case No; 253/2016, falsely, before the court 9th Senior Civil Judge & Rent controller District East and by showing rented premises falsely in jurisdiction of police station Mobina Town. Whereat, though the applicant was not party but the opponent No:01 had submitted his plea in written statement with supporting affidavit of applicant. [Copy of written statement alongwith its supporting affidavits are attached herewith as A4].  


6.          That the applicant was supporting and trying to accommodate the opponent No; 01, in good faith, But in the last month of December 2016 the applicant had checked her account balance of bank account of rented premises, then, she came to know that the opponent No: 01, is also playing fraud & making default in payments of rent also. Further applicant made inquiry and she came to know that:…
i)         Monthly Rent is not being paid since October- 2016.
ii)       Utility bills of electricity are not being paid & use of electricity in rented premises is on account of theft directly from electricity meter.
iii)    By making alteration & construction at 2nd floor of rented premises, the opponent No:1 has sub let the ground floor to opponent No: 02 and 2nd floor to opponent No: 03.
  
7.          That thereafter the applicant personally visited the opponent No: 02 & 03 to know that fact and she came to know that opponent No: 01 is fraudulently receiving rents from opponent No: 02 & opponent No; 03 with ration of 15000/= (fifteen thousand) from each one of them and also he has taken advance rents of amount Rs: 50,000/= (Five thousand) from each one of them. [The copy of bill of electricity is attached herewith as Annexure A5].

8.          That thereon the applicant had given notice of eviction to rented premises orally to all three opponents, thereon the wife of opponent No; 01 had made quarrel with the applicant & also the opponent No: 01 had issued threats to lodge case against applicant. Thereon the applicant had preferred to send legal notice / Notice of eviction to opponent No; 01. [The copy of Notice, TCS receipt to prove courier & Confirmation report are attached herewith as Annexure A6, A7 & A8]


9.          That in response to said notice the opponent No: 01 has filed Civil Suit No: 02/2017, at court of 1st Civil Judge Malir, Karachi, with concealments of facts and through the same the opponent No: 01 has also played a fraud with court also as by filing fabricated, forged rent agreement and receipts is of purpose just to obtain courts decree or order fraudulently, which is punishable under law of Section 195 Cr.P.C. [The copy of Courts Notice & Copy of plaint of suit No: 02/2017 is attached herewith as annexure A9 & A10].

10.    That the tenancy of the opponent No; 02 & 03 is also unlawful. The mother of applicant has become old aged and now she want to shift in Pakistan - Karachi and requires any residence, thereon the applicant for her personal bonafide use and also on account of above stated circumstance created by opponents, is entitled to get vacate the rented premises.

11.    That the opponents are not entitled to retain the possession of rented premises.

12.    That cause of action accrued to applicant when opponent No:01 executed rent agreement dated 10-March-2016, and on 06-01-2017 when the applicant sent legal notice, further in between this period when the opponent No; 01 unlawfully sub-let the rented premises to opponent No:02 & 03 and committed default in payments of rents & utility bills.

13.    That the opponents are liable to be ejected according to law, hence this application.

14.    That proper court fee is affixed and the rented premises are situated within territorial jurisdiction of police station SACHAL Karachi Malir district, which falls within the jurisdiction of this honorable court also.

PRAYER

It is therefore prayed that, in consideration of the above said facts, circumstances and submissions made above, this honorable court may be pleased….
A)     To direct the opponent No: 01 to deposit the arrears & future monthly rent at the rate of Rs: 25000/= per month starting from October 2016 to onward before this honorable court.
B)     To direct the opponent No: 01 to deposit the rent amounts, received illegally & unlawfully from opponents No; 02 & 03 through sub-letting them the portions of rented premises, before this honorable court.
C)     To pass eviction order against opponents with directions to hand over the vacant peaceful possession of rented premises i.e house No: R-89, Pioneer fountain, Survey No: 09, Sector 16-B, Scheme 33, Karachi.
D)     Any relief that this Honorable court may deem fit and proper in the circumstances of the case.

Karachi
Dated:                                                                       Applicant


Advocate for Applicant
[  

VERIFICATION

I, Mrs. Nazeer Gul W/O Muhammad Tariq Gul, Muslim, Adult, presently residing at House , Buldia Town, Karachi, holding N.I.C No:----------- ,/ APPLICANT , do hereby verify on oath that whatever stated above is true and correct to the best of my knowledge and belief.

                                                                   DEPONENT
The deponent is identified.
                            
                                                                   ADVOCATE

Solemnly affirmed before me at Karachi on this ___ day of February - 2017, by the deponent above named who is identified by Mr. Farhan Khaliq Anwer Advocate who is known to me personally.

COMMISIONER FOR TAKING AFFIDAVITS.

Documents filed.              :          Annexure "   A1  " to " A10 ".
Documents relied upon  :          All relevant documents.
Address of the Plaintiff   :          As mentioned in Title.
Address of the Plaintiff's
Counsel.                            :          As mentioned in Vakalatnama








IN THE COURT OF SENIOR CIVIL JUDGE & RENT CONTROLLER MALIR AT KARACHI.

Rent Case NO.          OF 2017

Mrs. Nazeer Gull
W/O Muhammad Tariq Gull,………  ……………… APPLICANT

V E R S U S

Muhammad Riaz Shahid Butt & Ors.       …….     OPPONENTS.


APPLICATION UNDER SECTION 16(1) OF SINDH RENTED PREMISES ORDINANCE 1979 R/W SECTION 151 C.P.C

It is respectfully prayed that this honorable court may be pleased to direct the opponent No: 01 for depositing the arrears & future monthly rent at the rate of Rs: 25000/= per month starting from October 2016 to onward before this honorable court, immediately in the interest of justice as the said opponent is adamant to enjoy the rented premises without paying any single penny towards monthly rent. Further the opponent No: 01 is also receiving rent amounts, illegally & unlawfully, from opponents No; 02 & 03 through sub-letting them the portions (Ground Floor & 2nd floor) of rented premises, for which the applicant is otherwise legally entitled, thereon for the purpose of justice and to prevent abuse of the process of law, the opponent No: 02 & opponent No; 03 may also be directed to deposit the future rents with ration of Rs:15000/= (fifteen thousand) per month before this Honorable court or otherwise with the ration as this honorable court may deem fit & proper in the circumstances of case. As the pending disposal of the suit, the rented premises is being enjoyed by the opponents therefore the prayer is made accordingly.


Karachi.
Dated:                                                Advocate for Applicant .





                      For Immidiate Use in Court

IN THE COURT OF SENIOR CIVIL JUDGE & RENT CONTROLLER MALIR AT KARACHI.

Rent Case NO.          OF 2017

Mrs. Nazeer Gull
W/O Muhammad Tariq Gull,………  ……………… APPLICANT

V E R S U S

Muhammad Riaz Shahid Butt & Ors.       …….     OPPONENTS.

AFFIDAVIT IN SUPPORT OF APPLICATION UNDER SECTION 16(1) OF SINDH RENTED PREMISES ORDINANCE 1979 R/W SECTION 151 C.P.C

I,  Mrs. Nazeer Gul W/O Muhammad Tariq Gul, Muslim, Adult, presently residing at House Buldia Town, Karachi, holding N.I.C No: _________, APPLICANT, do hereby state on oath as under:

1.    That I am applicant in above said case as such am fully conversant with the facts of the case.
2.    That I say that the accompany application under section 16(1) Sindh rented premises ordinance R/W section 161 C.P.C has been moved on my express instructions  and the contents of the same as well as plaint may kindly be treated as part and parcel of this affidavit.
3.    That I say that I have good prima facie case and balance of convenience lies in my favor.
4.     That I say that  for the sake of brevity, I adopt the contents of accompanying application as well as main plaint, as an integral part and parcel of this affidavit and in order to avoid duplication do not repeat the same.
5.    That I say that until the application is granted, I shall be seriously prejudiced and suffer an irreparable loss.
6.    That I say that whatever stated above is true and correct to the best of my knowledge and belief.       

                                               
DEPONENT
Cell No:_____________
Karachi.                                         
Dated:    -02-2017.








IN THE COURT OF SENIOR CIVIL JUDGE & RENT CONTROLLER MALIR AT KARACHI.

Rent Case NO.          OF 2017

Mrs. Nazeer Gull
W/O Muhammad Tariq Gull,………  ……………… APPLICANT

V E R S U S

Muhammad Riaz Shahid Butt & Ors.       …….     OPPONENTS.


ADDRESS FOR SERVICE ON APPLICANT

Mrs. Nazeer Gull W/O Muhammad Tariq Gull

In Pakistan
House  Baldia Town, Karachi &

In U.S.A

Yonkers NY 10701,
USA.
                         
ADDRESS FOR SERVICE ON COUNSEL FOR APPLICANT

Farhan Khaliq Anwer & Co.
Suite No:15, Clinic Side, 6th Floor, Rimpa Plaza, M.A. Jinnah Road, Karachi – 74400.


Karachi.
Dated:                                                Advocate for Applicant.




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