IN THE COURT OF DISTRICT JUDGE, KARACHI (SOUTH)
FIRST
RENT APPEAL NO. /2019
Through
his Attorney
Mr.
Amjad Pervez s/o Muhammad Mian
R/o
Flat No. K-304 3rd Floor, Shumail
Complex,
Main Mosamyat Unversity Road
Karachi. ---------------------------------APPELLANT
VERSUS
1.
National Press Trust,
Having
Office at Block No.36,
Pakistan
Secretariat Karachi,
Through
Attorney,
Mr. Tahir
Nawaz.
2. Ist
Sr.Civil Judge (South),
Karachi
-------------RESPONDENTS
APPEAL UNDER
SECTION 21 OF THE SINDH RENTED
PREMISES
ORDINANCE, 1979
Being aggrieved and dissatisfied by
the order dated 18.07.2019 passed by learned
Ist Rent Controller Karachi South
in Rent Execution No. 05/2015 R.C. No.479/2014
(National Press Trust Vs. Sadiq Ali) on the application under section 12(2) CPC
to set aside orders dated 16-02-2015 passed in Rent Case No. 479/2014 and order
passed on 15-03-2015 in Execution No. 05/2015 as the same have been obtained by
misrepresentation and fraud in this regard the appellant filed application
12(2) CPC, same have been dismissed by the Respondent No.2, the Appellants prefers this appeal, on consideration of the
following facts and grounds:-
Certified Copy of order dated 18.07.2019 is filed as Annex- A/1
F
A C T S
- That the Respondent No.1 filed RC
No. 463/2005 on the ground of default in the Court of IIIrd Rent
Controller Karachi South, which rent application was allowed vide Judgment
dated 05-05-2008.
(Photo Copy of Judgment attached herewith)
- That the appellant preferred
Appeal bearing No. 133/2008 in the Court of Vth Additional & District
Judge against the said order, Which was allowed and pass order on
25-05-2010 by Learned Additional Judge and set aside the order dated 05-05-2008
and dismissed the above mentioned Rent case but the Respondent No.1 did
not challenge the said Judgment.
(Photo Copy of Judgment attached herewith)
- That it is submitted after that
the Appellant has been regularly depositing the rent in RC No. 463/2005
till date and to best of knowledge of the Respondent No.1/DH was
withdrawing the same.
(Copies of the
Rent Receipts from Feb 2008 to date are filed herewith)
- That the Respondent No.1 again
filed RC No. 479/2014 before
Respondent No.2 against appellant
in respect of Bunder View Building, 2nd Floor(Formerly
know as Central Bank of India Buiding)Near Denso Hall, North Napier
Road,M.A Jinnah Road,Karachi, on the same ground of default w.e.f Feb 2008, which was
allowed by the learned Rent controller pass exparte order passed on 16-02-2015 directing the
appellant to vacate the premises in question within 60 days.
- That thereafter the Respondent
No.1 filed Execution Application No. 05/2015 on 27-7-2015 and learned Rent
controller on 15-03-2017 allowed the said Execution.
- That the appellant/Judgment
Debtor only come to know about the above proceeding on 03-08-2017 when he
was informed by the chowkidar of the building namely wali Khan about
pasting of notice at the door of premises in question.
- That the premises in question,
appellant/JD is a godown and used for storage purposes and used to pay
visit off and on he never found any summon/notice pasted at the premises
but it come to the knowledge after informed by the chowkidar.
8. That the core issue is that the above orders are
exparte and all steps might have taken to serve the appellant on the godown
where the appellant was not paying visits regularly, therefore the question of
service/non-service does not arise and even bailiff has also reported time and
again that the said godown was found locked. In these circumstances, the
impugned orders are not legal, justified and proper, same are obtain with
misrepresentation and fraud.
9. That
thereafter appellants immediately
contacted their advocate who appeared before the respondent No.2 and
after going through the file the appellants came to know that the respondent No.1 had filed an application for Ejectment
of the premises in question and obtained
exparte order from the Hon’ble court.
10. That summons/notices of the Hon’ble Court were
never served on the appellants nor they
have any knowledge of the said proceedings. It is pertinent to mention that
after going through the file it is clear that
notice of the Hon’ble Court was never served upon the appellants
and the respondent No.1 obtained order
from the Hon’ble Court through
misrepresentation and fraud.
11. That in view of above circumstances, appellants filed
an application u/s 12(2) CPC on the ground that the above orders have been
obtained through misrepresentation and fraud and thereafter appellants may be allowed to file written
statement but the Respondent No.2 dismissed the same.
Hence
this appeal on the following amongst other grounds:
All relevant documents are
filed herewith as Annexure_ A/2 to A/
G
R O U N D S
1)
That learned
Rent Controller did not consider the fact that appellant has no knowledge of
the proceedings nor summons/notices served on the appellant.
2)
That learned
Rent Controller did not consider the bailiff report, that the said godown was
found locked, in these circumstance, the impugned orders are not legal,
justified and proper.
3)
That learned
Rent Controller did not consider the fact of case, as the respondent No.1
obtained order by misrepresentation and fraud.
4)
That learned
Rent Controller was allowed the rent case exparte on the ground of default in
payment of rent since Feb, 2008, while the appellant has been depositing rent
regularly in RC. 463/2005 till date.
5)
That it is
reiterated that even for the sake of arguments even if the ground of default
was maintained by learned Rent Controller yet the fact is that the appellant
has been paying rent regularly and is not a defaulter in strict senso.
6)
That learned
Rent Controller wrongly came to
conclusion that Section 15A SRPO is applicable
when the fact is that this section is not applicable keeping in view peculiar
circumstances of the case.
7)
That the
appellant has very strong prima facie good case and unless the orders are set
aside and appellant is allowed to filed written statement and place his case
before the Rent controller, he shall be seriously prejudiced and suffer
irreparable loss.
8)
That the order
of the learned Rent Controller is against the law and facts.
9)
That the
impugned order is arbitrary, fanciful and without applying judicious mind.
10)
That the order
is not sustainable under the law and liable to be set aside.
11) That the appellants crave leave of this Hon’ble
Court to urge further and additional grounds at the time of hearing.
P
R A Y E R
It is prayed that this Hon’ble Court
may be pleased to admit the appeal, call for the R & P of R.C. No.479/2014, Rent Execution No. 05/2015 from the Ist
Rent Controller Karachi South allow the above appeal and further be
pleased to Allowed the application under section 12(2) CPC and appellant is
allowed to filed written statement and place his case before the Rent
controller.
Any other relief which this Hon’ble
Court may deem fit and proper under the circumstances of the case.
Karachi.
Dated: .07.2019 APPELLANT
ADVOCATE
FOR THE APPELLANT
(GHULAM
ABBAS)
IN THE COURT OF
DISTRICT JUDGE, KARACHI (SOUTH)
FIRST
RENT APPEAL NO. /2019
Sadiq
Ali s/o Mazhar Ali -----------------------
APPELLANT
VERSUS
National
Press Trust, ------------------------RESPONDENT
AFFIDAVIT
I, Mr.
Amjad Pervez s/o Muhammad Mian, Muslim, adult, R/o Flat No. K-304 3rd
Floor, Shumail Complex, Main Mosamyat Unversity RoadKarachi. do hereby state on
oath as under:-
1.
That I am the
Appellant and Attorney am fully conversant with the facts of the case.
2.
That the accompanying appeal has been drafted
under my instructions and its contents may be treated as part of this
affidavit.
3.
That unless
the accompanying Appeal is granted, appellants
shall be seriously prejudiced and shall suffer irreparable loss.
4.
That whatever
stated above is true and correct to the best of my knowledge and belief.
Karachi.
Dated: .07.2019 DEPONENT
IN THE COURT OF
DISTRICT JUDGE, KARACHI (SOUTH)
FIRST
RENT APPEAL NO. /2019
Sadiq
Ali s/o Mazhar Ali -----------------------
APPELLANT
VERSUS
National
Press Trust, ------------------------RESPONDENT
APPLICATION UNDER SECTION 21 (2) OF SINDH RENTED PREMISES ORDINANCE, 1979
For
the reasons disclosed in the accompanying affidavit, it is prayed on behalf of
the Appellants that this Hon’ble Court
may be pleased to suspend the operation of the impugned order dated 18.07.2019 passed by learned Ist Rent Controller
Karachi South/Respondent No. 2 in Rent Execution No. 05/2015 R.C. No.479/2014 (National
Press Trust Vs. Sadiq Ali), till the final
disposal of the appeal.
Ad-interim orders are solicited.
Dated: .07.2019 ADVOCATE
FOR APPELLANT
(Ghulam
Abbas)
IN THE COURT OF
DISTRICT JUDGE, KARACHI (SOUTH)
FIRST
RENT APPEAL NO. /2017
AFFIDAVIT
I, Mr. Amjad Pervez s/o Muhammad Mian, Muslim,
adult, R/o Flat No. K-304 3rd Floor, Shumail Complex, Main Mosamyat
Unversity RoadKarachi. do hereby state on oath as under:-
1.
That I am the Appellant and Attorney
am fully conversant with the facts of the case.
2.
That
the accompanying application U/s 21 (2) of SRPO has been drafted under
my instructions and its contents may be treated as part of this affidavit.
3.
That
learned Rent Controller without
giving any basis came wrongly to conclusion that no any construction for
renovation was made and did not
consider the fact of case, as the respondent No.1 obtained order by
misrepresentation and fraud.
4.
That learned Rent Controller wrongly came to conclusion that Section 15A SRPO is applicable when the fact
is that this section is not applicable keeping in view peculiar circumstances
of the case.
5.
That the order of the learned Rent
Controller is against the law and facts.
6.
That the impugned order is arbitrary,
fanciful and without applying judicious mind.
7.
That unless the accompanying
application is granted, appellants shall be seriously prejudiced and shall
suffer irreparable loss.
8.
That whatever stated above is true and
correct to the best of my knowledge and belief.
Karachi.
Dated: .07.2019 DEPONENT
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