WRITTEN STATEMENT

BAHRIA UNIVERSITY, ISLAMABAD E8

GROUP ASSIGMENT# 1

DEFENDANT: IMAD KHAN- DANYAL KHATTAK

SUBIMMTED TO: SIR SARMAD FAIZ
LLB-9A

WRITTEN STATEMENT

IN THE COURT OF LEARNED RENT CONTROLLER, ISLAMABAD

PETITION NO: 23451

Mr. Atif Son of Abubakar resident of house no-4 medina market F8-markaz, Islamabad
(Petitioner)
V
Mr., Khalique son of Abdullah resident of house no 813 near aria tower F11/2, Islamabad
(Respondent)
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INDEX

S.N0. DESCRIPTION OFDOCUMENTS ANNEXES PAGES

1 Written statement 01 03

2 List of documents produced 02 04

3 List of documents relied upon 03 04

4 Power of attorney, 04 01

8 Process Fee/ Fard Talbana 05 01

WRITTEN STATEMENT BY THE DEFENDANT.

IN THE COURT OF LEARNED RENT CONTROLLER, ISLAMABAD

PETITION NO: 23451

Mr. Atif Son of Abubakar resident of house no-4 medina market F8-markaz, Islamabad
(Petitioner)
V
Mr., Khalique son of Abdullah resident of house no 813 near aria tower F11/2, Islamabad
(Respondent)
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Respectfully Sheweth

That Mr. Khalique is tenant of premises building no.07 located at F-8 Markaz, Islamabad
hereby submit this written statement in response to the application for eviction and
recovery of rent filed by the plaintiff, Mr. Atif, purportedly as the new owner of the
property.

Preliminary objections
1. That the petitioner claims that rental agreement was expired is denied. It is pertinent to
highlights the facts that the tenancy agreement for the said premises was originally
entered into between the previous owner Mr. Zaid and Mr. Khalique as the tenant on
dated (01-08-2022) for duration of two year till (01-08-2024)

2. That Also Mr. Zaid without the defendant knowledge, transferred the ownership of the
premises on dated (10-11-2023) during the continuation of tenancy to Mr. Atif

3. That the claim of the petitioner of not paying the rent is denied, throughout this period,
respondent continued to fulfill his obligations under the tenancy of agreement including
paying rent to Mr. Zaid.
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4. The claim of petitioner unlawfully occupying the premises is denied and the objection of
mala fide intentions are baseless. That It is to be noted that Mr. Zaid, the original owner
of the premises, sold the property to Mr. Atif on 10.11.2023, during the subsistence of
our tenancy agreement which lawfully put the new owner bound to the lease agreement.

5. That the claim of two months’ rent due is baseless unfortunately, the defendant was not
informed of this change in ownership by Mr. Zaid or Mr. Atif. Which is the obligation of
new owner Mr. Atif to send an intimation through a registered post as provided in section
19 of Islamabad rent restriction ordinance 2001 which protects the rights of tenants.
Therefore, Mr. Khalique continued to fulfill his obligations under the tenancy agreement
by paying rent to Mr. Zaid, as per the terms of existing agreement.

6. That Also it is provided in section 17 of this ordinance that where the tenancy is for a
specified period agreed upon between the landlord and the tenant, the landlord shall not
be entitled to apply for eviction before the expiry of such period, as per this provision Mr.
Atif is bound by the existing tenancy agreement and cannot seek eviction without lawful
cause.

7. That for the personal bona bide use as claimed by petitioner is false and he just wants to
evict tenant with mal fide intentions.

8. That the petitioner’s claim of nuisance caused by the school is baseless and false, due to
the fact that the premises is situated in commercial area not residential area, which shows
the mala fide intentions of the landlord to evict the tenant without any reasonable cause.
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On Facts

1. That the para no 1 of application is true and hence admitted by respondent.

2. That the para no 2 of application is true and hence admitted by respondent
3. That the para no 3 of application is true and hence admitted by respondent
4. That the para no 4 of application is false and hence denied by the respondent
5. That para no 5 of application is true and hence admitted by the respondent
6. That para no 6 of application is true and hence admitted by the respondent
7. That para no 7 of application is false and hence denied by the respondent
8. That the para no 8 of application is false and hence denied by respondent.

Prayer

That In light of the above legal provisions and circumstances, we respectfully request on the
Rent Controller to dismiss the application for eviction and recovery of rent filed by Mr. Atif.
And may allow the respondent to continue occupying the premises until he finds another suitable
building to shift his school. I am prepared to cooperate with any lawful process and provide
necessary evidence to support my position.

And also the honorable court may grant any other relief that it may deems just and proper in the
above circumstances.

Respondent

Through

IMAD KHAN

DANYAL KHATTAK

Advocates of Supreme Court

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IN THE COURT OF RENT CONTROLLER, ISLAMABAD

Mr. Zaid Son of Abubakar resident of house no-4 medina market F8-markaz, Islamabad
V
Mr., Khalique son of Abdullah resident of house no 813 near aria tower F11/2, Islamabad

WRITTEN STATEMENT OF THE DEFENDANT

AFFIDAVIT
I, MR Khalique having CNIC-no 15402-4356787-5 do hereby solemnly affirms and declares on
oath that contents of titled petition are true and correct to the best of my knowledge and belief
nothing has been concealed therefrom.

Verification

It is verified on oath and solemn affirmation at Islamabad on 9 august, 2024 that all contents of
above affidavit are true and correct to the best of the knowledge and belief of petitioner and
nothing has been concealed therein.
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