APPLICATION UNDER SECTION 15 OF SINDH RENTED PREMISES ORDINANCE

 

IN THE COURT OF       SENIOR CIVIL JUDGE & RENT CONTROLLER  KARACHI (CENTRAL) 

 

RENT CASE NO.                   /2019

 

                                        --------------            Applicant

                                            Versus

                                           ----------                 OPPONENTS

 

 

APPLICATION UNDER SECTION 15 OF SINDH RENTED PREMISES ORDINANCE

          The applicant respectfully submits as under:-

         1.     That the Applicant was the lawful owner  in respect of  Shop No.3 Plot                           No.1434, Gulbahar, Golimar No.2, Karachi rented out the said premises to the                 Opponent through  Tenancy Agreement dated 01-01-2013.

2.     That in terms of the Agreement the rate of rent was agreed to be Rs.5,000/- per month as per agreement clause 1 for 11 month, later on the agreement was orally extended and rent was agreed Rs.8000/- per month. 

( A copy of the Agreement is filed as Annexure- A.)

3.     That the opponent paid monthly rent in the beginning regularly but after the period of some time, opponent were failed and neglected to pay regularly  in time rent and last 11 month from September 2018 to till filing this case opponent failed pay rent to the applicant of above mention shop, which is come totaling till filing this rent case RS.88,000/-

 

4.     That the Applicant  several times requested the Opponent to pay rent as well as arrears but opponent have failed to pay the same.

 

5.     That on 23-08-2017 applicant request to opponent to vacate the above mention shop for personal need and had received the notice by hand to the opponent.

 

(Copy of notice attached herewith-B )

 

6.  That the Applicant had no option but to serve  another  legal notice dated 28.05.2019 through courier which was duly received by opponent but did not reply to the same.

 

(A copy of the Legal Notice is filed as Anexure-C.)

7.  That the applicant family consists of a wife, three sons, who are all adults and the property is now required for personal bonafide use of the applicant’s son namely Muhammad Rehman, who is unemployed and wishes to start his own business in the above mention property, therefore, liable to be ejected on the ground personal bonafide use.

 

8.     That the opponent has defaulted in payment of rent since September 2018,         therefore, he is liable to be ejected on the ground of default also.

 

9.     That in the above circumstances, opponent is not only defaulter and liable to be evicted from the premises in question but also to pay huge arrears of Rs 88,000/-Hence this application.

 

10.                  That the cause of action first arose on 04^th June, 2013 when  Tenancy Agreement was executed. It further arose when the opponent failed to pay rent. It again arose on 23-08-2017 when legal notice was received by hand and again arose 28.05.2019 when legal notice sent to the Opponent.  The cause of action continues to arise on every day.

 

11.                  That the  demised premises is situated within the  limits of P.S Gulbhar which is jurisdiction of this Hon’ble  Court.

 

P R A Y E R

          It is, therefore, respectfully  prayed that this Hon’ble Court may be pleased to-

a)       Pass Order of ejectment against  the Opponent   from Shop No.3 Plot No.1434, Gulbahar, Golimar No.2, Karachi. and the Opponent be directed to hand over the vacant and peaceful physical possession of the said premises to the Applicant.

 

b)      Direct the Opponent to deposit a sum of Rs.88,000/- before the Nazir of this Hon’ble Court as arrears of rent.

 

b)      Direct the Opponent to clear all utility bills if any.

 

b)      Any other relief which this Hon’ble Court may deem fit and proper under the circumstances of the case may be awarded.

 

Karachi.

Dated:     07.2019                                       APPLICANT

 

                                      ADVOCATE FOR THE APPLICANT

                                                                         (Ghulam Abbas)

VERIFICATION

..........................................................., Karachi., do hereby state and verify on oath that whatever is stated above is true and correct to the best of my knowledge and belief.

 

 

                                                                             DEPONENT

          The deponent is identified by me.

 

                                                                             ADVOCATE

Stated on oath before me this       day of   July 2019.The deponent is identified by Mr. Ghulam Abbas,        Advocate, who is personally known to me.

 

 

                   COMMISSIONER FOR TAKING AFFIDAVITS

Documents filed;                     A to C

Documents relief upon;    As above  and other relevant

                                      Documents.

Address of the  Applicant                          As in the title:

Address of the Advocate of  the

Drafted by me.

Advocate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE CORUT OF          SENIOR CIVIL JUDGE & RENT CONTROLLER  KARACHI 

 

RENT CASE NO.                   /2009

 

                                                  --------------- Applicant

 

Versus

 

                                                 --------------  Opponent

 

 

 

 

APPLICATION UNDER SECTION 16(1) OF SINDH RENTED PREMISES ORDIANCE, 1979

           It is prayed on behalf of the Applicant that this Hon’ble Court may be pleased to  direct the  Opponent to clear the electricity bills and deposit arrears of rent of Rs.88000/-  from September 2018 at the rate of Rs.8000/- per month before  this Hon’ble Court.

 

 

Karachi.

Dated:         07.2019                ADVOCATE FOR APPLICANT

 

 

 

IN THE CORUT OF          SENIOR CIVIL JUDGE & RENT CONTROLLER  KARACHI 

 

RENT CASE NO.                   /2009

 

Mr Muhammad Arif                --------------- Applicant

 

 

Versus

 

 

Mr Naeem Ahmed Qureshi      --------------  Opponent

 

AFFIDAVIT

Mr Muhammad Arif S/O Irshad Ahmed, Muslim, adult, r/o House No. R-115, Sector 7-D 3, Gushan-e-Farooq, North Nazim Abad, Karachi., do hereby state and verify on oath,

1.     That I am applicant in the above matter as such fully conversant with the facts of the case.

2.     That accompanying application has been draft under my instruction and the contents whereof may be treated as part of this affidavit for brevity sake.

3.     That unless my application is granted the right of the applicant shall be seriously prejudiced.

4.     That whatsoever stated above is true and correct to the best of my knowledge and belief.

Karachi:

Date: /07/2019               DEPONENT

 

IN THE CORUT OF          SENIOR CIVIL JUDGE & RENT CONTROLLER  KARACHI 

 

RENT CASE NO.                   /2009

 

       --------------- Applicant

 Versus

     --------------  Opponent

 

AFFIDAVIT

.........................................................., Karachi., do hereby state and verify on oath,

1.     That I am son of applicant in the above mention case and living with my father/applicant.

2.     That I say, that I am jobless and want to start my own business as such the premises in question is required for personal bonafide use, I further say that the premises in question is suitable for my business.

3.     That whatever is stated above is true and correct to the best of my  knowledge and belief.

 

Karachi:

Date: /07/2019                                  DEPONENT