IN THE COURT OF LEARNED SENIOR CIVIL JUDGE / RENT CONTROLLER, RAWALPINDI
In the matter of:
Syed Ali Hassan son of Syed Mazhar Hussain Shah, resident of House No.44-B-III, Zafar Akbar Road, Tulsa Chowk, Lalazar Colony, Rawalpindi.
1. Ghulam Muhammad son of Gul Shah, resident of Sultanabad, Tehsil Charsaddah, District Peshawar, presently at Farooqia Mohallah, Dhoke Matkal, Rawalpindi.
2. Feroz Khan son of not known to the petitioner, occupant of Shop No.377-A/3, Saddat Market, Opposite Dispensary Ground, Tench Bhatta, Rawalpindi.
EJECTMENT PETITION UNDER SECTION 17 OF THE CANTONMENT’S RENT RESTRICTION ACT 1963 FOR THE EVICTION OF THE RESPONDENT FROM SHOP NO.377-A/3, SADDAT MARKET, OPPOSITE DISPENSARY GROUND, TENCH BHATTA, RAWALPINDI
The petitioner Respectfully Sheweth as under:
1. That the petitioner is the owner and landlord of Shop No.377-A/3, Saddat Market, Opposite Dispensary Ground, Tench Bhatta, Rawalpindi which is situated in 03-Marlas which was gifted by Syed Mazhar Hussain to the petitioner vide registered Gift Deed dated 31-10-1995, while the respondent No.1 was a tenant in the said premises under the petitioner at the rate of Rs.6000/- per month where he was running his business. Thereafter the respondent No.1 further sublet the said shop to the respondent No.2 without the permission of petitioner.
2. That at present, the petitioner is unemployed herein Pakistan. The petitioner in good faith requires the suit premises which is in possession of the respondent No.2, for his own personal bonafide use and occupation.
3. That the petitioner is not in possession of any shop situated in Cantonment Area, Rawalpindi.
4. That the suit premises is suitable for the requirement of the petitioner.
5. That the petitioner sent a legal notice to the respondent No.1 for eviction of the suit premises but he neither respond to the legal action nor vacated the suit premises.
6. That the respondents have made themselves liable for eviction from the suit premises on the grounds mentioned above.
7. That the cause of action arose when the respondent No.1 has become a willful and chronic rent defaulter, secondly when he further sublet the shop to the respondent No.2 and the same is continuing day by day.
8. That the suit premises is situated in Rawalpindi Cantonment Area hence this learned court has jurisdiction to entertain the same.
9. That the prescribed court fee of Rs.15/- has been affixed on the petition for the purposes of court fee and jurisdiction.
In the circumstances, therefore, it is prayed that ejectment petition may kindly be accepted with costs in favour of the petitioner and against the respondents and respondents be ordered to handover the vacant and peaceful possession of the suit premises i.e. Shop No.377-A/3, Saddat Market, Opposite Dispensary Ground, Tench Bhatta, Rawalpindi to the petitioner.