IN THE COURT
OF IIND SR. CIVIL JUDGE & RENT CONTROLLER SOUTH AT
Misc. Rent Case No. /2005
Shehzad
Anwar,
S/o
Muhammad Anwar (Late),
Muslim,
Adult R/o Flat No. 3/5,
Block
A.J.,Jacob Line,
KARACHI
V E R S U S
Khalil-ur-Rehman,
S/o
Haji Abdul Rehman (Late),
Muslim,
Adult, Having office
at
406,International Auto Market,
Marston Road , KARACHI
APPLICATION
UNDER SECTION 10(3) OF SINDH
RENTED
PREMISES ORDINANACE 1979
The applicant above named respectfully and humbly begs to submit as under:
2. That in December 1991 landlord increased the rent amount upto Rs.220/- per month, in July 1994 it was again increased upto Rs.270/-, in January 1996 it was again increased upto Rs.320/-, in January, 1997 it was again increased upto Rs.350/-, in January, 1999 it was again increased upto Rs.450/-, with proper consent with the applicant / tenant but in July, 2001 it was again increased by the landlord upto Rs.800/- per month without consent of the applicant / tenant.
3.
That the applicant / tenant
is very much regular and vigilant to pay the rent and other charges / dues in
respect of Office in question to the landlord according to the settlement and
the landlord was used to issue the rent receipts for the same.
4.
That there was routine that
the applicant / tenant was paying the rent of the office in question on six
monthly basis since 1985 to June 2000 and from July 2000 to June 2004, the on
yearly basis according to the demand of the landlord. (Copy of last rent
receipt is enclosed herewith and marked as Annexure “A” ).
5.
That on 18-02-2005, when the
applicant / tenant offered the rent amount Rs.9600/- in respect of the office
in question, for the period from July
2004 to June 2005, the landlord refused to received the rent amount from
the applicant / tenant. The applicant /
tenant sent the above said rent amount to the landlord by money order vide
receipt No. 786 dated 24-02-2005 but the landlord, with bad and malafide intension
again refused to received the rent amount the said amount was received back to
the applicant / tenant by the Post Office. ( Photo copies of money order
receipt and money order form are enclosed herewith and marked as Annexure “B”
and “B-1”). The landlord is deliberately
avoiding to receive the rent amount from the applicant / tenant, which act of
the landlord is creating doubts and apprehension in the mind of applicant, as
neither landlord is demanding rent from applicant nor he is available on his address
even after several visits.
6.
That since 18-02-2005,
landlord is avoiding to receive the rent amount for the period from July 2004 to June 2005 (Rs.800/- per
month) and the landlord is doing this
intentionally and malafidely and wants to creat hand made default against the
applicant / tenant for vacation of office in question.
7.
That the applicant / tenant
has tried at his level best to pay the rent amount for the period mentioned
above but the landlord is avoiding to receive the same, hence this application
to deposit the rent with the NAZIR / BANK of this Hon’ able Court.
8.
That the cause of action
arose at the first place on 18-02-2005, when the opponent refused to received
the rent amount for the period from July
2004 to June 2005 secondly on 24-02-2005,
when the opponent again refused to receive the money order for the same
rent amount and is continuing day by day till the decision of this application.
9.
That the cause of action
falls within the jurisdiction of Police Station Nabi Bux, wherein the office in
question is situated which comes within
the territorial jurisdiction of this Hon’ able Court.
P R A Y E R
It is , therefore, prayer that this Hon’ able Court may be pleased to:
a)
allow the applicant to
deposit the rent with NAZIR / BANK of this Hon’ able Court for the period from
July 2004 to June, 2005 and to onward at the rate of Rs.800/- per month which
come total amount Rs.9600/- and further deposit the same in future with the
direction to the opponent to withdraw the rent from the Court.
Dated: 02-2005 APPLICANT
Advocate for the Applicant / Tenant
