10 (3) SRPO

IN THE COURT OF  RENT CONTROLLER AT KARACHI CENTRAL

Misc. Rent Application No.               /2013

Mrs. ARA

Through her attorny

MIRZA

son of Mirza,

Karachi.             ……………….………………….                      APPLICANT

VERSUS

1.      SAJJAD

2.      AFATB

Karachi.              …………………………. ……               RESPONDENTS

                                            

APPLICATION U/S. 10 (3) SRPO 1979

The Applicant, abovenamed, submits as under: -

1.                  That the applicant is pugree tenant, and the Opponents are sons of the Landlord of Shop No. 4-1-A/2, Joharabad Market, Firdous Colony, Nazimabad, Karachi  (Hereinafter referred to as the “Tenement Premises”).

2.                  That the Tenement Premises was obtained by the Applicant from father of the responcents, on monthly rent of Rs. 1200/= (Rupees Twelve Hundred only), with effect from 31-10-1979,   and Tenancy Agreement was duly executed in this regard.

Photocopy of Tenancy Agreement & Power of Attorney is annexed herewith and marked as Annexure“A/1” to “A/2”

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3.         That it was agreed mutually and verbally that the monthly rent would be paid in advance on or before 10^th of the calendar month. The Opponent paid rent regularly till March 2013, but the opponent issued receipts till December  2012, the Opponent failed to tender, issue receipt willfully from January 2013, despite of several requests, from 01.01.2013  to till filling of this application. In March, to avoid default, the applicant had to  tender rent Rs.2800/= p.m throgh  money Orders, which were refused to receive.

Photocopies of Money Order Slips returned/refused are     annexed     herewith and marked as Annexure “A/3” to “A/4” respectively.

4.     That cause of action accrued firstly from January 2013, 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. Gulbahar, which is within jurisdiction of this Hon’ble Court.

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

PRAYER

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:      /05/13.

APPLICANT

through Attorney.

                                                     SM ZUBAIR

    Advocate For The Applicant

VERIFICATION

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

Karachi    

Dated:      /05/13..                                                     

Deponent/Applicant

                                                            The deponent identified by me.

SM ZUBAIR

(ADVOCATE)

Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2013, by the deponent abovenamed who is identified by Mr. SM ZUBAIR, Advocate whom I know personally.

                                   

                        COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENTS FILED	Annexure A/1 to A/4 .
DOCUMENTS RELIED UPON	All Relevant Documents
ADDRESS OF PLAITIFF& DENDANT FOR SERVICE	As Per Title Of The Memo of SUIT
ADDRESS OF THE COUNSEL	ZUBAIR LAW ASSOCIATE 31, Bari Chambers, near Jama Cloth, Karachi. Mob: 0300 9215352