Application U/S. 10(3) SRPO 1979

IN THE COURT OF ….. RENT CONTROLLER  KARACHI ....

Misc. Application No. ---/04

     

HAMID Ali                  ………………………………                           APPLICANT 

 

VERSUS

Haji Abdul WAHEED     ………………………………                     OPPONENT

APPLICATION U/S. 10(3) SRPO

The Applicant, abovenamed, submits as under: -

1.                 That the Opponent is the Landlord of Shop No.97, B road, Liaqatabad, Karachi  (Hereinafter referred to as the “Tenement Premises”), and the Applicant is the Applicant is Statutory Tenant.

2.                 That the Tenement Premises was obtained by the Applicant on monthly rent of Rs. 2500/= (Rupees Two Thousand Five Hundred only), with effect from 07-11-1995, & the Applicant paid Rs.40,000/= as Refundable Security Deposit and Tenancy Agreement was duly executed in this regard.             

Photocopy of Tenancy Agreement is annexed herewith and marked as Annexure “A/1”.

3.       That it was agreed mutually that the monthly rent would be paid in advance on or before 10^th of the calendar month. The Opponent paid rent regularly till April 2004, but the Opponent failed to tender, issue receipt willfully from March 2004, despite of several requests, from 01.03.2004 200 to till filling of this application.

Photocopies of Paid Bills are     annexed     herewith and marked as Annexure “A/2” “A/   ” respectively.

4.     That cause of action accrued firstly from March 2004, when the Opponent stopped to tender, issue the receipt of paid rent and finally refused and flatly to pay & continuous day to day till today. Hence this application.

5.                      That the Tenement Premises is situated within limits of P.S. _______________, which is within jurisdiction of this Hon’ble Court.

6.     That the prescribed Court-fee has been affixed as per law.

P R A Y E R

                                 It is, therefore, respectfully prayed that this Hon’ble Court may be pleased to pass judgment and Decree in favoure of the Applicant against the Opponent: -

A)               To allow to deposit the rent in the Court in respect of the said Tenement Premises.

B)               Costs of the Application.

C)               Any other relief, which this Hon’ble Court deems fit and proper in     the circumstances of the case.

Karachi.

Dated:----/04/04.                                                                              

APPLICANT

ADVOCATE For the APPLICANT

V E R I F I C A T I O N

           I, HAMID Ali son of …. , Muslim, adult, resident of Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi    

Dated: ----/04/04.                                                    

Deponent/Applicant

                                                          The deponent identified by me.

                                                                            

(ADVOCATE)

                                  

Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr. SM ZUBAIR, Advocate whom I know personally.

                               The contents of the Plaint have been read over and explained to the Deponent in Urdu too and he/she seems to be understood the same and set his/her signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENTS FILED                  :   Annexure “A/1 to A/    ” 

DOCUMENTS RELIED UPON     :   ALL RELEVANT DOCUMENTS  

ADDRESS OF OPPONENT          :   AS PER TITLE OF THE SUIT.

FOR SERVICE.

ADDRESS OF THE COUNSEL     :     AS PER VAKALATNAMA.

FOR THE APPLICANT