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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