Friday, 11 September 2020

APPLICATION U/S 10 OF SINDH RENTED PREMISES ORD. 1979

 IN THE COURT OF            RENT CONTROLLER (SOUTH) KARACHI

 

MRC NO:            OF 2010

 

 

Kausar Mian s/o Muhammad Rasheed,………………………………………..Applicant

 

Versus

 

1.                  Abdul Rasheed S/O Late Abdul Hameed

2.                  Mst. Asma Tahseen D/O Late Abdul Hameed

3.                  Mst. Kausar Tasneem D/o late Abdul Hameed

4.                  Muhammad Khalid  S/O Late Abdul Hameed

5.                  Abdul Malik S/o Late Abdul Hameed

6.                  Muhammad Tahir S/o Late Abdul Hameed

7.                  Mst. Fareeda Begum D/o Late Abdul Hameed

8.                  Shahzad Hameed S/o Late Abdul Hameed

9.                  Mst. Alia Begum D/o Late Abdul Hameed ……………Opponents

 

 

APPLICATION U/S 10 OF SINDH RENTED

PREMISES ORD. 1979 

 It is submitted on behalf of the applicant  as under:-

 

1.     That the applicant is the tenant in respect of  …………………………., Karachi and the opponents are the co-owner/landlord of the said premises.

2.        That the rate of rent till September , 2009 was fixed at Rs.690.00 per month.It is submitted that the applicant always paid rent regularly and never defaulted in the same.

3.      That the applicant is an old tenant and got this shop on ‘PUGREE’ and paid lacs of Rupees.

4.     That in the month of June 2009 the opponents pressurized the Applicant to enhance the rent from Rs.690/- p.m. to Rs.1480/- p.m.

5.        That on the demand of the Opponents the Applicant enhanced the rent from Rs. 690/- pm. to Rs.1480/- p.m w.e.f. Oct. 2009 and started paying the same .

6.     That opponent accepted the enhanced rent up to Dec. 2009, however they refused to receive in January 2010.

Copies of rent receipts are filed as Annex-

7.   That in the month of first week of January, 2010 the Opponents again pressurized/insisted the applicant to further enhance the rent from Rs.1480/- to Rs.5000/- pm. It is submitted that the said demand of enhancement of rent was illegal, therefore, the applicant refused to enhance the rent.

8.    That in the month of January 2010 the applicant offered the rent  but the opponents said that they would accept the same later on. It is submitted that the applicant on several times approached the opponents for payment of rent but they always avoided to receive the rent .

9.      That  the applicant had no option but on  2.3.2010 the Applicant sent money order to the Opponents for the month of January, Feb. and March, 2010 but the opponents with ulterior motives and malafide intentions refused to accept the rent as per the report.

Copy of the money order receipt and refusal are annex.

 

10.     That the cause of action arose to the applicant when the opponents pressurized the applicant to enhance the rent. It again arose in the month of Jan. 2010 when applicant approached the opponents for payment of rent. It again arose when applicant sent money order which was refused.The cause of action continues to arise on each day.

11.              That this Hon’ble Court has jurisdiction to proceed with the matter as the premises is situated within the limits of P.S.______________.

12.              That requisite Court fee has been paid./

 

PRAYER

 

It is therefore, prayed that this honorable court may please allow the applicant to deposit monthly rent  w.e.f. January 20… and Feb.20… and further be pleased to allow him to deposit future rent  before this Honorable Court.

 

Karachi.

Dated:             3.20                            APPLICANT

 

                                                ADVOCATE FOR APPLICANT

 

 

VERIFICATION

I, …………………………, Musilm, Adult, ……………………., 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 to me.

                   ADVOCATE

Stated on oath before me on this       day of March, 2010. The deponent is identified by Ghulam Abbas, Advocate who is personally known to me.

 

 

                   COMMISSIONER FOR TAKING AFFIDAVITS

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