IN THE COURT OF RENT CONTROLLER/SENIOR CIVIL JUDGE

NO. HYDERABAD

Rent Appl. NO. OF 2013.

Mst. Salma Faiz Begum Wd/o Late Faiz Muhammad Shah,

Muslim, adult, by caste Syed,
r/o House No.F/1 Barrage Colony, Hyderabad,
District Hyderabad -------------------- Applicant.

VERSUS

Farhan Khan S/o Abdul Sattar Khan,

Muslim, adult, tenant and occupant of
Shop No.1 (privately numbered) situated
On ground floor of property No.A114/336
Near Civil Hospital Lal Bati Hirabad
Hyderabad. ---------------- Opponent.

APPLICATION U/S 15 of SINDH RENTED PREMISES

ORDINANCE, 1979
.

The applicant above named respectfully submits are

under:-

1. That the applicant is co sharer/landlord of shop

No.1 situated on ground floor of proeprty bearing

No.A-114/336 near Civil Hospital Lal Bati Hirabad

Hyderabad.

2. That the applicant’s son namely Shafqat Ali Shah

(co sharer) let out the shop in question to the

opponent being attorney of the applicant and had

exeucted rent agreement 01.08.2011 at the monthly

of Rs.25000/- in presence of witnesses. Photostat

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copy of Rent agreement is submitted herewith as

Annexure A.

3. That at the time of execution of rent agreement and

delivery of possesion of rented shop, the opponent

had paid an amount of Rs.100,000/- as advance

with son of applciant namely Shafqat Ali Shah,

which is lying with him.

4. That the opponent used to pay the rent to the

applciant’s son Shafqat Ali Shah, however, some

dispute between the applicant and other co sharers

with her above named son arose therefore, the

other co sharers also appointed the applciant to

receive rent from the opponent/tenant and the

opponent started paying rent to the applicnat on

which the applicant’s son Shafqat Ali Shah became

annoyed and filed Rent application against the

opponent in which the opponent filed his objection

admitting that he is paying the rent of the shop in

question to the applicant. . Photostat copy of Rent

Application and objections are filed as Annexure B

and C.

5. That due to misuse of power of attorney by the

applicant’s above named son, the applciant filed

F.C. Suit No.231/2013 in the court of Ivth Senior

Civil Judge, Hyderabad in which the parties arrived

at compromise and consequenlty suit was decreed

in terms of compromise whereby the power of

attorney in favour of applciant’s son Shafqat Ali

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Shah was cancelled/ revoked. P.S. copy of Certified

copy of decree is submitted as Annexure D.

6. That when applicant’s son Shafqat Ali Shah filed

Rent application against the opponent, all the co

sharers in the proeprty except Shafqat Ali Shah

asked the tenants to pay rent to the applicant and

therefore, they used to pay the same to the

applicant.

7. That the applciant is the landlord/co sharer in

respect of the shop in question, therefore, the

opponent is bound to pay the rent to her but he has

failed to deposit /pay the rent to the applicant

without any reason or lawful justification since

August, 2013 as such he has become a willful

defaulter in payment of rent.

8. That the applicant approached the opponent for

payment of the rent of the shop in question but he

kept her on false hopes on one or the other pretext

and lastly about one month back refused to pay the

same.

9. That the applicant also require the shop in question

for her bonafide use as her son as well as co sharer

namely Syed Mansoor Ali Shah is jobless and intend

to start business in the shop in question.

10. That the applicnat also approched the opponent to

vacate the shop on account of her personal bonafide

use and shown the reason that her son intends to

run the business but he failed to vacate the same.

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11. That despite of repeated approach the opponent

have not vacated the shop in question, hence he is

liable to be vacated on the ground of rent

agreement.

12. That required court fee of Rs.15/- has been affixed.

13. That the applicant, therefore, prays as under:-

PRAYER
a) That this Honourable court may be pleased to eject the

opponent directing him to vacate the shop in question and

handover vacant physical possession to the applicant;

b) Any other relief which this Honourable Court deems fit and
proper;

Hyderabad/dated -11-2013. Applicant

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

I, Mst. Salma Faiz Begum Wd/o Late Faiz Muhammad

Shah, Muslim, adult, by caste Syed,r/o House No.F/1 Barrage
Colony, Hyderabad, District Hyderabad, do hereby state on oath
that whatever stated above is true and correct to the best of my
knowledge and belief.

Hyderabad.
Dated -11-2013. Deponent
The deponent is known to me and is identified by me to
the Commissioner for taking oath.

Advocate

The deponent is identified by Mr. ____________________

Advocate, who is personally known to me.
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Commissioner for taking oath.

On oath before me, the contents of this application
were first audibly and truly read over an explained to the
deponent in Urdu Language and he appears to have fully
understand the same and admits to be true and signed in my
presence.

Dated Nov. , 2013.

Commissioner for taking oath

DOCUMENTS FILED.
1. Photo copy of Rent Agreement Annexure A.
2. Rent Application and objections are filed as Annexure B and
C
3. P.S. copy of Certified copy of decree is submitted as
Annexure D

DOCUMENTS RELIED UPON.

1) Any other relevant documents
for rebuttal.
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IN THE COURT OF RENT CONTROLLER/SENIOR CIVIL JUDGE

NO. HYDERABAD.

Rent Appl. NO. OF 2013.

Mst. Salma Faiz Begum …………… Applicant.

VERSUS

Farhan Khan & others …………….. Opponent

SCHEDULE OF PROPERTY

The following is the schedule of property left by deceased

Late Faiz Muhammad Shah S/o Muhammad Saffar Syed.

A plot category B-235 measuring 200 Sq.Yds situated at

Gulshan-e-Qasim Township Bin Qasim Karachi.

Kotri/dated 30-04-2007. Applicant

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

I, Mst. Salma Faiz Begum Wd/o Late Faiz Muhammad

Shah,
Muslim, adult, by caste Syed,r/o House No.F/1 Barrage Colony,
Hyderabad, District Hyderabad, do hereby state on oath that
whatever stated above is true and correct to the best of my
knowledge and belief.

Kotri.
Dated 30-04-2013. Deponent