MEMO OF COST y IN THE COURT OF MUHAMMAD NAVEED KHAN RENT_CONTROLLER-(WEST) ISLAMABAD Rent Petition No ar /2018 Date of Institution 08.02 2018 Date of decision ....03.0p2019 Raja Shafqat Zia. Raja Tassadag Zia, Raja Rafaqat Ziz Sons of Raja Zia ud Din, Mst, Rabia Sadagat Wd/o Raja Sadagat Zia, All R/o House No. 29, Street No. 2, Sector E-11/1, Islamabad (Petitioner No Lis special attorney of Petitioners No. 2 to 4). Petitioner VERSUS Govt. of Pakistan through Chief Commissioner ICT, Islamabad, ICT Building 6-11/4, Tslamabad, Respondent EJECTMENT PETITLON U/S 17 OF IRRO 2001 This petition coming on this day 34 July of 2019. It is ordered that the eviction of (Tipple Storey Commercial Building No. 14-T, Ayub Market, F-8 Markaz. Islamabad) is allowed, Parties are left to bear their own cost, PETITIONER| COST OF FILE ____| Stamp for the plaint ~ ‘Stamp for power. [ Stamp for exhibits, RESPONDENT | Pleaders Fee. Subsistence for Commission Fee Service of process T | Misc, TOTAL GIVEN under my hand and seal of the court this day 3° July of 2019 /\ muninnad Naveed Khan Rent Controller (West) Islamabadwe INTHE COURT OF SENIOR CIVIL JUDGE/RENT CONTROLLER, ISLAMABAD-WEST aundlakoy vr e pect El val ds ie 1) Raja Shafqat Zia Cruedared 16. 2) Raja Tassadaq Zia on, 3) Raja Rafagat Zia ~ wal Sons of Raja Zia-ud-Din, ae 4) Mst. Rabia Sadaqat widow of Raja Sadaqat Zia,, All R/o House No.29, Street No.2, Sector E-11/1, Islanabad (Petitioner No.1 is special attorney of Petitioners No.2 to 4). t ; we PETITIONERS N\A. Ad 1 ee VeRsus A lev ib Government of Pakistan through Chief Commissioner ICT, os Islamabad, ICT Building G-11/4, Islamabad. a ) . i, RESPONDENT 4 s \ 3 4 | EVICTION PETITION U/S 47 OF ‘t RESTRICTION ORDINANCE, 2001 yy \ } Respectfully Sheweth: - BRIEF FACTS: - Facts leading the institution of instant petition are as under: ese, Caney Ps That the petitioners are co-owners of Triple Storey Commercial ee. Building No.14-T, having covered area of 11250 Sq.Ft. situated in Ayub Market, FB Markaz, Islamabad (hereinafter to be called sui2. premises). The respondent is tenant of the petitioners in the suit premises since 14-07-1982. That the suit premises were leased out to the fespondent vide lease agreement dated 19-10-2017 for a period of 01 year i.e. 01; 507-2017 \ tO. 30+ -06- “2018. The monthly rent was fixed @-Rs.78.12/- (Rupees iv Seventy Eight & Twelve Paisa only) per square feet, which comes to Vv Mp y Rs.8,78,850/- (Rupees Eight Lac Seventy Eight Thousand Eighty _ ae? Hundred Fifty only) with 25% increase after three years. .\ That the respondent has not paid the rent for the period from 4. FILS &é x. MIRC Ca ted 09 FES 2018 5. / . 2017 to February, 2018, which comes to Rs.98,43,300/- (Rupees Ninety Eight Lac Forty Three Thousand Three Hundred only) up till February, 2018, That the respondent has miserably failed to clear the Outstanding/arrears of rent as well as future advance rent as Promised through lease agreements and also failed to handover the vacant possession of the suit premises to the petitioner. This constrained to petitioners to send a legal notice No.514/2017, dated 23-11-2017 for the vacation of suit Premises and payment of rent (Copy enclose). That the respondent\always paid the rent late in ithe Previous. tenancy period due to which the petitioners have to Pay moreFILE c bated——_- 09 FEB 2016 income tax. The petitioners have aiso approached We Federal Ombudsman for the payments of arrear of rent, despite Clear Orders passed by the Federal Ombudsman, the respondent has failed to Pay the arrears of rent as well as future advance rent according to the terms and conditions of lease agreement. Thereafter, te petitioners filed an eviction Petition against the respondent, which was ackepted by this Honourable Court vide order dated 06-01-2016 and the respondent was directed to vacate the suit premises, against. which the respondent preferred an appeal before the Disunt Judge, Islamabad-west, which was accented by Mr. Raja Asif _~7 Mehmood, Learned Additional Session Judge, Islamabad on 30-09- 7. 2016 with the directon to respondent not to delay the payment of rent but the respondent miserably failed to nonor the direction passed by Learned ADJ, Islamabad-west. That the petitioners have become rolling stone betwee: the respondent and the District Judiciary for the recovery of arrears rent and advance future rent but the respondent administravon is not adhering the request of the peuuoners, rather the empio,ces or respondent are giving dates tor the payment of arrears of rent os well as advance future rent. That the petiboners seeks the eviction of the respondent tua tie suit premises inter-alia on the following groundsShak Pated__ 99 Fes ang ii) ili) 1 iv) the respondent has not paid the rent for the penGd trou March, 2017 to February, 2018, which comes Ww RS.98,43,300/- (Rupees Ninety Eight Lac Forty Three Thousand Three Hundred only) up tll February, 2016, so the respondent is willful rent defaulter and is not entitled to retain the suit premises. That the petitioners are no more interested to extend, tenancy period therefore, the respondent is bound to vacate the suit premises and handed over the peaceful Possession of the suit premises to the petitioners. That the lease period would expire on 30-06-2018 and the petitioners are not ready to execute fresh lease agreement with the respondent, the status of respondent over the suit premises would be of illegal occupant, thus liable to be ejected from the suit premises. That the respondent has kept the suit premises im a miserable condition and made structural changes without the prior permission of the petitioners. r3 No.14-T, having covered area of 11250 ‘Sq.Ft. situated in Ayub Market, F-8 Markaz, Islamabad. Any other relief, which this Honourable Court may deem fit and proper, May also be granted in favour respondent. onn ES CLE - 09 Fre 2016 VERIFICATION: It is verified on oath at Islamabad on this 7? day of February, 2018 that the contents of the suit are true and comrect to the best of our knowledge and belief. - ne Qos ‘ af ~| CERTIFICAT! of the petitioner and against the x” Through — xe CH. MUHAMMAD JAVED GUJJER Advocate High Court. I is certified as per information seccived by the plaintiff that this is the 1 suit, which is being instituted un behalf of the plaintiff in this Honourable Court, no other ‘| psfftion, appeal & revision petition regarding the same cause of uction is pending or has been decided between the parties or predecessor in interests by Uus or jurisdiction, Further the subject ntatter 1s | never decided before the Honourable High Count or the Supreme Court of Pakistan Counselv) That the suit premises 1s required for the personal need as their children are grown ups and wants to establish their own businesses in the lease premises. 8. That the cause of action firstly accrued on March, 2017, seccidly on 30-06-2017 on the expiry of lease agreement and finally a few days ago when the respondent failed to pay the arrears of rent as well as future advance rent and also refused to vacate the suit premises and it continues, hence this petition. ~~ ¢ BELLE 9. That the suit premises are situated in the territorial junisuicton oF this Honourable Court and this Honourable Court has got the jurisdiction to adjudicate upon the matter and grant ie relief é A fatresc Dated. 09 FEB 2010 prayed for. 10. That for the purpose of court fee and jurisdiction, the peuuon is valued to Rs.2,000/-, which is exempted from levying of court fee stamps. PRAYER: - In the given facts and circumstances, it is very humbly prayed that the petition of the petitioners may kindly be accepted and the respondent be evicted from the suit premises i.e. Triple Storey Commercial BuilaingOrder 26-06-2019 Present: Counsel for petitioner Nemo for respondent. It is apprised that no amount of rent has been tendered by respondent since February 2019 and now default of four months is ‘on their part. There is no representation on behalf of respondent. Thus, notice U/S 17 (9) of IRRO 2001 is given to the respondent why the eviction petition should not be summarily decided against on the account of rent default. Adjourned to 03-07-2019, ® Announced (Muhammad Naveed Khan) 26-06-2019 Rent Controller-West Order Tslamobad 03-07-2019 Present: Counsel for petitioner. Nemo for respondent. It is argued by counsel for petitioner that despite specific notice to the respondent to show payment of due rent, nobody turned up on behalf of respondent to show payment of due rent from February 2019 till date, there is no representation on * behalf of respondent. Record reflects that respondent appeared on 04-03-2017 then 19-03-2019, but thereafter the matter has been adjourned several times, but there is no representation of the respondent to prove payment of due rent from February 2019 in terms of agreed term in the lease agreement. Therefore, eviction petition is allowed U/S 17 (9) of IRRO 2001 forthwith, with direction to deliver possession of premises. No order as to costs. Memo of cost be prepanétl Flee ednsigned to record roqm after its due Ef a } \ S \3 or completioft’ \ Arneucel (Muhammad Naveed Khan) 03-07-201: Rent Controller-West Islamabad