Rentapplication

IN THE COURT OF 2ND SENIOR CIVIL JUDGE, HYDERABAD
RENT APPLN: NO:01 OF 2010


MISKEEN ALI & Ors        - - - - - - - - - - -APPLICANTS

V e r s u s

MUHAMMAD SHARIF        - - - - - - - - - - - -OPPONENT

AFFIDAVIT IN EVIDENCE
        I, Miskeen Ali S/o Muhammad Qasim by caste Rustamani adult, muslim resident of House No. G/157 Haji Ehsaan Ali Road, Loha Market Hyderabad, do hereby state on solemn oath as under: -

1-        That, I am applicant no.1 in the above matter well conversant with the facts of the case.

2-        That, I and my brother Hamid Ali are landlord and actual owner of two shops situated at the ground floor of the house no. G/157 survey no.751 Haji Ehsan Ali Road, Loha Market Hyderabad & the opponent is the tenant in above said two shops at the rate of amount Rs.3000/= each per month.

3-        That, the opponent is the tenant in the said two shops at the monthly rent Rs.3000/= each, as per oral agreement, at that time the rate of rent was fixed Rs.500/= per shop, which was gradually increase due to rise on cost of living and at present the rent is Rs.3000/= per month for each shop i.e Rs.6000/= per month of two shops.

4-        That, the opponent/tenant is irregular in payment of monthly rent and since June 2009, he has stopped to pay the rent, though I and my brother Hamid Ali several time approached him for payment of monthly rent, the opponent sent the money order for the month of November 2009 at the rate of Rs.1500/= per month but I and my brother Hamid Ali did not accepted the same, as the opponent was defaulter in payment of rent since June 2009 as the rate of Rs.6000/= per month of two shops. It is denied that any agreement is executed by Aijaz Ali with one Yousif Qazi in respect of one of the shop is question, Aijaz Ali is not landlord of premises in question so also Yousif Ali is not our tenant, it is further submitted that I and my brother Hamid Ali are absolute legal owner of the property and said Aijaz Ali is not & opponent has filed rent agreement is false mananged and fabricated one with the collusion of my step brother Aijaz Ali & Muhammad Yousif is son of opponent.

5-        That, the opponent was obtained the above said two shops since 25years old from me and my brother Hamid Ali but due to good family relation the rent agreement had not been executed on stamp paper.

6-        That, I do hereby take oath and stated that after getting the possession of premises in question my son Muhammad Qasim (practicing advocate), who is practicing with senior counsel Mr. Muhammad Ali Rind as partner will open his own office, where is the second shop will be used by my nephew namely Hyder Ali S/o Hamid Ali (applicant no.2) he will run his own business for which we have sufficient fund and the same shop will not be re-let out to any other person at any cost & same will be used as stated above, that our need is genuine and bonafide and the premises is required for bonafide use of Muhammad Qasim & Hyder Ali.

7-        That, it is denied that we have agreed to sale the shop to opponent and his brother Muzaffar Ali and the agreement if any is false fabricate, bogus no such agreement is executed by me and my brother.

8-        That, I produced the following documents
i) Original City Survey Extract:
   
9-        That, the applicants are prayed as under: -

P R A Y E R
    a)    That, this honourable court may be pleased to direct the opponent/tenant to handover the vacant physical possession of the rented two shops situated at ground floor house no.G/157 Haji Ehsan Ali Road, Hyderabad.

    b)    To direct the opponent/tenant to deposit the arrears of the monthly rent from the month of June 2009 so also future rent in this honourable court.

Any other relief which this honourable court deem fit and proper may be awarded to the applicant.

        That, whatever state is above true and correct to the best of my knowledge and belief.

Hyderabad
Dated    03-2010                    D E P O N E N T
                I know the deponent above named
            (Advocate)
        Solemnly affirmed on oath before me on this 12th day of March 2010 by the deponent above named, who has been identified by Mr. Muhammad Ali Rind, who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT

        The, content of the affidavit were first truly and audibly readover and explained to the deponent above named and he seems to have fully understood the same and signed in my presence.

COMMISSIONER FOR TAKING AFFIDAVIT