SUIT FOR PERMANENT INJUNCTION
The plaintiff above named most
respectfully begs to submit as under:-
1.
That the defendant is landlord of the plaintiff since 2nd July, 2003 as
he is owner of Flat , Karachi 2nd
July, 2003 . (Photo stat copy of Tenancy Agreement is enclosed
herewith and marked as ‘A’).
2.
That the plaintiff is regularly paying agreed rent to
the defendant but defendant normally with mala fide intention does not issue
receipt.
3.
That the plaintiff paid rent to the defendant in
advance for the month of August, 2005 through cheque No.0036834 dated
27-07-2005 and rent for the month of September, 2005 through cheque No. 0036837
dated 25-08-2005. Both the cheques were given in the sum of Three Thousand each
as during the course of months, the defendant took some money i.e. Rs. 3,00/-
per month in advance and Rs.300/- was adjusted in payment of rent as the same
was received by the defendant prior to receiving the cheques. (Photo stat
copies counterfoil of cheques are enclosed herewith and marked as ‘B’ and ‘C’).
4.
That the defendant desired to increase the rent, which
was not consented by the plaintiff, saying that rent may be increased subject
to the provisions of Sindh Rented Premises Ordinance, 1979 for which the
defendant did not agree.
5.
That the defendant threatened of dire consequences to
the plaintiff and subsequently applied to the Justice of Peace for vacation of
aforesaid flat. (Photo stat copies of notice issued by Justice of Peace and
application submitted by Defendant are enclosed herewith and marked as ‘D’).
6.
That the section 13 of The Sindh Rented Premises
Ordinance, 1979 has made clear that no tenant shall be evicted from the
premises in his possession except in accordance with the provisions of this
ordinance, but the defendant has hatched a conspiracy to evict the plaintiff
from the said flat without invoking the jurisdiction of learned Rent Controller
for which under the law he has no authority.
7.
That the act of defendant using force and forcible
manner for eviction of the plaintiff is neither appreciated under the law as
nobody has any right to take law in its own hand and violate the same and there
is sever apprehension that plaintiff shall be ejected by defendant without due
course of law.
8.
That the plaintiff is entitled to be treated as per
provisions of law prevailing in the country as it is fundamental constitutional
right of the plaintiff to enjoy the protection of law and be treated in
accordance with law.
9.
That apparently it appears that the defendant shall
evict the plaintiff from the said flat at any moment by force or some other
illegal means, which are not approved in the legal system of this country and
after notice of the Justice of Peace, there is sever apprehension that
defendant shall use force for such
purpose and in such circumstances, the plaintiff is entitled to be protected by
this Honorable Court by granting an injunction in favour of the plaintiff to
maintain peace and supremacy of law as a whole, hence this suit for Permanent Injunction along with application
for interim relief.
10.
That the cause of action accrued to plaintiff against
the defendant as and when Tenancy Agreement was executed in the month of June,
2003, secondly when he desired to increase rent arbitrarily and thirdly on
25-09-2005, when at night a notice was received by the plaintiff from the
justice of Peace for eviction of the said flat and the same remained to
continue day to day till the filing of this suit within the local limits of
Police Station North Nazimabad and this Honorable Court has territorial
jurisdiction to entertain the suit.
11. That suit for the purpose of jurisdiction
and court fee is valued at Rs.200/- for which no court fee is required to be
paid.
P R A
Y E R
The plaintiff therefore prays
for judgment and decree in her favor and against defendant as under:-
To
restrain the defendant from evicting the plaintiff from Flat, Karachi, without
due course of law / except in accordance with the provisions of Sindh Rented
Premises Ordinance, 1979.
Karachi PLAINTIFF
Dated: 09-2005
V E R I F I C A T I O N
I, Muslim
adult, Resident of Flat, Karachi / plaintiff above named do hereby
verify on oath that whatever has been stated above from paragraph 1 to 9 are
true and correct to the best of my knowledge, information and from paragraph 10
to 11 to the best of my belief.
Deponent
The deponent is
identified by me
Advocate
Commissioner for taking affidavit
LIST OF LEGAL HEIRS OF THE
PLAINTIFF
1.
Muhammad
2.
Muhammad
The legal heirs
are residing with the plaintiff at Flat, Karachi
In the case of death of the
plaintiff, the legal heir # 1 shall inform to this Honorable Court.
Karachi Advocate of
the Plaintiff
Dated: -09-2005
APPLICATION UNDER ORDER XXXIX
RULE 1 & 2 READ WITH SECTION
151 CODE OF CIVIL PROCEDURE
On consideration of facts and
grounds disclosed in the accompanying affidavit as well as in the memo of
plaint, it is most respectfully prayed on behalf of the plaintiff above named
that this Honorable Court may be pleased to grant injunction, restraining,
therein to the defendant, his person (S), agents attorneys or anybody else
working for him and on his behalf from ejecting the plaintiff from Flat, Karachi,
without due course of law, pending disposal of this suit.
An ad interim injunction is to be solicited mean while in
terms of main prayer in the greater interest of justice and equity.
Karachi. Advocate
for the plaintiff
Dated: 29-09-2005
A F F I D
A V I T
I, Muslim adult, Resident of Flat, Karachi, do hereby
state on oath as under:-
1.
That I am
plaintiff in the above matter, as such am fully conversant with the facts there
of.
2.
That the accompanying application under Order XXXIX Rule
1 & 2 read with section 151 Code of Civil Procedure has been drafted and filed by my counsel
under my specific instructions, contents there in are true and correct.
3.
That I have good prima facie case, balance of convince
lies in my favor as the defendant is malafidely and with ulterior motives is
using illegal manners to eject me from the said flat, in fact he has no such authority under the
law and authority only lies with him is to eject me by filing a rent proceeding
and not otherwise and if he adopts procedure provided under the law, the same
shall be welcomed and defended as provided under the law.
4.
That there is sever apprehension that if injunction is
not granted by this Honorable Court, the defendant shall eject me other than
due course of law and I shall be seriously prejudiced and suffer an irreparable
loss by this act of the defendant
5.
That for the seek of brevity, I adopt the contents of
accompanying application as well as contents of main plaint as an integral part
and parcel of this affidavit and in
order to avoid duplication do not repeat the same.
6.
That I shall be seriously prejudiced and shall suffer
an irreparable loss, until accompanying application is allowed.
7.
That whatever stated above is true and correct to the
best of my knowledge information and belief.
Karachi
Dated: -09-2005. DEPONENT.
Identified by me.
Advocate.
Commissioner for taking affidavit.
No comments:
Post a Comment