MRC APPLICATION U/S 10(3) OF SRPO

 

IN THE COURT OF IIND SR. CIVIL JUDGE & RENT CONTROLLER SOUTH AT KARACHI

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.              ……………….  Applicant/Tenant

 

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.    ……………….  Opponent/Landlord
 

 

APPLICATION UNDER SECTION 10(3) OF SINDH
RENTED PREMISES ORDINANACE 1979

    The applicant above named respectfully and humbly begs to submit as under:

 1.   That the applicant is a tenant in respect of Office No. 203, 2^nd Floor, International Auto Market, Marston Road, Karachi since 1985 at Rent of Rs.200/- per month and further the applicant paid a huge amount of Goodwill / Pagri at the time of possessing the said Office.

 

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.

 b)   Any other relief or relieves which this Hon’ able Court may deems fit and proper in the best interest of justice.

 

Karachi                       

Dated:    02-2005                                                                APPLICANT

 

 

Advocate for the Applicant / Tenant