N THE COURT OF SPECIAL JUDGE (RENT) / RENT

TRIBUNAL , RAWALPINDI

______________ Versus ______________

EJECTMENT PETITION

EXECUTION PETITION

OBJECTION PETITION ON EXECUTION AND FOR

CANCELLATION OF WARRANTS OF ARREST ISSUED BY
THIS HONOURABLE COURT VIDE ORDER DATED
____________

1. That the above said execution petition is pending

before this Honourable Court and is fixed for 26-07-
2021.
2. That the decree holder has obtained the impugned
decree 08-02-2021, by fraud and concealment of facts.
3. That according to the impugned decree, the judgment
debtor was ordered to pay rent and arrears of rent @ Rs.
75,000/- to the decree holder from February 2020 till
decision of Ejectment Petition i.e February 2021. In
fact, judgment was not liable to pay the rent or arrears
of rent for the reasons detailed below.
4. That during the period of tenancy, when the judgment
debtor tried to pay the rent to the decree holder, she
refused to receive, consequently, the judgment debtor
 approached to this Honourable Court for depositing the
rent amount and with the permission of this
Honourable Court, the judgment debtor deposited rent
amounts of Rs. 4,50,000/- for 06 months of i.e from
September 2020 to February 2021, in the account of
this Honourable Court bearing No. RD/G-55654, in
National Bank, District Courts Branch, Rawalpindi but
this Honourable Court ignored this very fact, and held
the judgment debtor liable to pay the rent amount for
the period, which the judgment debtor has already paid.
The receipts of paid rent were also submitted before this
Honourable Court but same were not taken into
consideration.
5. That furthermore, before announcement of order/
decree, it was settled between the judgment debtor and
decree holder that the judgment debtor will vacate the
suit shop before March 2021 and will handover its
possession to the decree holder, and the decree holder
will also be bound to withdraw the above titled
ejectment petition and will not take any legal
proceedings. As per settlement state above, the
judgment debtor handed over possession of the suit
shop to the decree holder and paid the entire amount of
rent in the court detailed above, but despite of this, the
decree holder did not withdraw above titled Ejectment
Petition and obtained the decree dated _________by
fraud and concealment of facts and later on, also filed
Execution Petition, in which the warrants of arrest has
 also been issued by this Honourable court against the
judgment debtor on ____________

6. That it is very relevant and important to mention here

that the version of plaintiff regarding vacation of the
suit shop is supported by the report of Bailiff dated
________, which clearly mentions that the suit shop is
found to be closed for the last more than 02 months.
Adds, that the judgment debtor had no reason or
purpose to retain possession of shop and keep it closed.

7. That controversy between the parties requires

evidence, and same cannot be resolve white framing of
issues but the this Honourable Court did not taken
into consideration this important factor and
straightway dismissed the application for leave to
contents filed by the judgment debtor.

8. That since the tenancy was started, Four Rent

Agreements were executed regarding the suit shop and
that too with different persons. First Rent Agreement
dated 18-08-2003 (unregistered) was executed between
the Judgment debtor and husband of decree holder
namely Mian Khan. Second Rent Agreement dated 27-
05-2008 (unregistered) was executed between the
judgment debtor and son of decree holder namely Jan
Muhammad Khan. Third Rent Agreement dated 28-05-
 2013 (Registered) was executed between the judgment
debtor and decree holder. Fourth rent agreement
dated 17-04-2019 was executed between judgment
debtor and son of decree holder namely ____again. Out
of these four rent agreements, only Third agreement
dated 28-05-2013 is registered with this Honourable
Court; however, all other rent agreements including the
latest one which of dated 17-04-2019 are unregistered.
The Ejectment Petition was filed mainly on the basis of
registered Rent Agreement dated 28-05-2013, though
it was registered but it was old one and after that
agreement subsequent rent agreements were executed
which are unregistered. These subsequent rent
agreement should also have been registered and
without registered rent agreement, the Ejectment
Petition is not maintainable. Furthermore, if the
landlord approached the Rent Tribunal on the basis
unregistered rent agreement, he / she should be
ordered to pay 10% fine of annual rent of the suit
property as required under section 9(b) of Punjab
Rented Premises Act 2009 but neither this Honourable
court ordered the decree holder to pay the fine nor the
decree holder deposited such fine.
9. That the Special Power of Attorney dated 10-08-2006
was executed by decree holder in favour of one ____and
same was still intact till the decision of the impugned
decree but despite of execution of special power of
attorney, the decree holder sent the legal notice No.
 _____dated _____personally to the judgment debtor.
When, she has already given power of attorney to the
attorney holder, the attorney holder was entitled to deal
the matters with regard to suit shop or to send legal
notice. The attorney holder on the basis of said Power of
Attorney had been receiving monthly rent from the
decree holder but did not issue any receipt thereof. On
this matter, hot words were also exchanged with regard
to non issuance of receipt of rent.
10. That an amount of Rs. 1,00,000/- was paid by the
judgment debtor to the decree holder as security
amount.

PRAYER:

It is therefore respectfully prayed that the Objection Petition

may kindly be accepted, and warrants of arrests issued
against the judgment debtor by this Honourable court vide
order dated 08-05-2021 may kindly be cancelled/
withdrawn, in the interest of justice. Further prayed that
security amount of Rs. 1,00,000/- and rent of 6 months of
Rs. 4,50,000/- (stated above) already paid by the judgment
debtor may kindly be adjusted and judgment debtor be set
free from liability of payment of rent.

Objection Petitioner
Through