AFFIDAVIT IN EXPARTE PROOF

For immediate use only
IN THE COURT OF IIND SENIOR CIVIL JUDGE, HYDERABAD
Family Suit No. 63 of 2010


MST ZEENAT BANO        - - - - - - - - - - - - -- - - - - -PLAINTIFF

VERSUS

Rafique Ahmed             - - - - - - - - - - - - - - - - - DEFENDANT


AFFIDAVIT IN EXPARTE PROOF
         I, Mst Zeenat Bano w/o Wali Muhammad, by caste Memon,  muslim, adult, Resident of House No.40, Talibul Moula Colony, New Hala Taluka Hala District Matiari at present at Hyderabad do hereby state on oath as under:-
1-        That, I am plaintiff in the above matter, as such am well conversant with the facts of the matter.

2-        That, present affidavit in Ex-parte proof has been drafted and filed under my instructions and contents of the same are true and correct.
3-         That my late husband namely Wali Muhammad has let out the lower portion of the said house on rent to the defendant at the rate of Rs.2000/= per month through a written rent agreement dated 16-07-1999.

4-         That, according to rent agreement, the defendant was required to pay monthly rent in advance uptill 19th of each calendar month but he failed to deposit the rent for the month of May, 2005 which was liable to be paid on 19th 2005.

5-        That, I time and against requested defendant to pay all dues but defendant did not pay ahead and committed willful default in payment of monthly rent. Again I myself and through Nek Mards made so many requests to defendant for payment of arrears and for vacation of suit premises he did not pay ahead.

6-        That, The defendant failed to deposit/pay the rent for the month of May, 2005 to upon I filed rent application bearing No.01/2006 before IVthe Senior Civil Judge, Hyderabad against the defendant on 23-02-006, which was disposed of in favour of plaintiff.
(2)
7-         That, I also filed execution application bearing No.1 of 2007 on 12-02-2007 which was also disposed of as an Ex-parte order dated 14-07-2008 in favour of plaintiff. Thereafter writ of possession issued on 22-07-2008 & possession was handed over to me on 11-08-2008 through police add and court bailiff.

8-        That, after getting possession of said premises I several times approached the defendant and demanded arrears of rent amount of Rs.82,000/= and also I approached to the defendant through nekmards to resolve the matter amicable, but of no avail. Even on account of repeated demands of applicant and several approaches through nekmards the defendant has become annoyed, aggressive, even turned to inimical towards the me and my son Shafi Muhammad, even misbehaved with me and threatened for dire consequences.

9-        That, the harassment and illegal acts of defendant have reached upto its peak when he did not allow the me and my son to enter into her house, even the defendant alongwith two unknown persons duly armed with pistol forcibly entered into my house and threatened for murder. In such critical circumstances I made application to D.P.O Matiari finding no fruitful result,, on 27-08-2008 I filed an application U/s 22-A & B Cr.PC before the Honourable Sessions Judge Hyderabad and the Honourable VII-Additional Sessions Judge Hyderabad ordered thee applicant to lodge the FIR against the defendant

10-        That,, thereafter, I approached to the SHO P.S Hala to get complied the order of Honourable Court by lodging the FIR, where SHO instead to lodge the FIR, called the defendant at police station and got indulged between me and defendant in compromise talks here, defendant promised that he will pay the arrears of rent to the plaintiff within a period of Six (6) month and in this way I as comkpelled by the defendant and SHO concerned not to lodge the FIR< even defendant implored me for giving some time.

11-         That, I waited for the period of Six (6) month, but defendant did not turn up. After lapse of Six month I contacted the brother of defendant namely Riaz Ahmed who is the UC Nazim, requested hi to morally pressurize the defendant to pay arrears of monthly rent, who also acquired time by saying that defendant is not in a position to pay the arrears of rent as he sustained loss in his business.

12-        That, I once again remained calm and waited for defendant patiently that he may come forward and will pay his amount, even tried to contact the defendant, yet he did not approach to me in any manner.

(3)
13-        That after I sent legal notice through my counsel on 09-03-2010 to the defendant but no rebuttal is given to the plaintiff, which clearly proof that defendant intends to usurp/grab my amount, in respect of arrears of rent.

14-         That, defendant is liable to pay arrears of rent amounting to Rs.82,000/= from the month of may, 2005 till hading over the physical possession of suit premises viz 11-08-2008.

15-        That, cause of action accrued for filing instant suit when defendant committed default in payment of rent, when I filed rent application and same was decided in my favour. Again cause of action accrued when I filed execution application and same decided in my favour and when defendant has not paid the arrears of rent despite repeated approaches made by me and through nekmards. The cause of action also accrued to the plaintiff when defendant started harassing and advancing threats to me, event did not allow me to enter in my own house, the cause of action also accrued to the plaintiff when I moved application to DPO Matiari and application to the Honourable Session Judge Hyderabad U/Sec: 22-A & B Cr.PC. Again cause fo action accrued to me when I went to police station Hala for lodging FIR, where defendant was called and he promised to return the arrears of rent within six months and despite six months he did not pay the amount, then cause of action accrued to the plaintiff when brother of defendant on her approach being UC Nazim requested for more time to be given to the defendant and lastly when I sent legal to defendant but same was not replied and same cause of action accruing day by day till today.

16-        That, after admission of the above suit, this Honourable Court is continuously issuing the notices/summons to the defendant for his appearance to rebut my contentions, but he has yet not appeared before this Honourable Court.

17-        That, defendant has malafidely avoiding from the service of the summons of this Honourable Court in order to make me fed up from the court proceedings and to cause me hardship.

18-        That, it is settled principle of law that family matter are to be decided expeditiously.

19-        That, non-appearance of the defendant despite coercive process issued by this Honourable Court, it is quite clear that defendant has nothing in rebuttal to my contentions.

20-        That, defendant has malafidely want to prolong the matter to take undue advantage.
(4)
21-        It is therefore, I respectfully pray that, this Honourable Court may be pleased to direct the defendant to pay arrears of rent amounting Rs.82,000/= alongwith interest at bank rate, from the month of May, 2005 till handling over the physical possession of suit premises viz. 11-08-2008.

22-        That, contents of main suit may please be treated as part and parcel of this affidavit for the sake of brevity.

23-        Whatever stated above is true and correct to the best of my knowledge and belief.


Hyderabad
Dated: 04-05-2010                ( DEPONENT )
I know the deponent above named.

( Advocate )

        The deponent above named is identified by Mr.Bakhtiar Ahmed Panhwer, Advocate who is personally known to me.


             COMMISSIONER FOR TAKING  AFFIDAVIT.

        The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this 4th, day of May 2010 which he confirms by putting his signature as true and correct on solemn affirmation before me.

             COMMISSIONER FOR TAKING  AFFIDAVIT.