IN THE COURT OF VITH RENT CONTROLLER KARACHI- SOUTH

Misc. Rent Case No. 01 of 2008

Pakistan Industrial Credit and

Investment Corporation Ltd.
now NIB Bank Limited ...... APPLICANT

VERSUS

Mst. Humaira Khatoon & others ...... OPPONENTS

REPLY TO THE OBJECTIONS RAISED BY

S.S. NAZEER AHSAN FORMER ATTORNEY
OF THE OPPONENT TO THE WITHDAWAL
OF RENT BY THEIR PRESENT ATTORNEYS

The undersigneds duly constituted General Attorneys of the

legal heirs of the opponents No.1 and 2 as well as the opponents
No.3 to 7 submit their reply /counter objections to the objections
filed by S.S. Nazeer Ahsan to the withdrawal of rent by the
undersigneds as under:-

1. That the objector had filed the rent case No.499/2008 against
the applicant without having any valid power of attorney executed
by the opponents in his favour, as such, he had no locus standi to
file said rent case, therefore, this Honourable Court has been
pleased to dismiss the said rent case as not maintainable, vide
order dated 29.10.2008 (photocopy of which is annexed herewith).

2. That Mst. Sakina Khatoon the opponent No.3, Dr. Riaz

Hassan the Opponent No.4, Mrs. Azra Khatoon, Mst. Jehan Ara
Khatoon and Syed Anwar Hassan the legal heirs of the opponent
No.1 have appointed the undersigneds Qazi Syed Qaiser Noor and
Syed Shah Ameenur Rehman as their true and lawful General
Attorneys vide General Power of Attorney dated 5.1.2008, which has
been attested/countersigned by the Under Secretary, Home
(Special) Department Govt. of Behar, Patna, INDIA on 30.1.2008,
which has also been attested by the High Commission of Pakistan,
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New Delhi, INDIA on 19.3.2008, which has been filed alongwith the
power of attorneys given by the legal heirs of opponent No.2, and
the opponents No.5, 6 and 7 alongwith the first application for
withdrawal of rent. The objector has not challenged the power of
attorneys executed by the legal heirs of the opponents No.1 and 2
as well as by the opponents No.3 to 7 in favour of the undersigneds
in any court of law nor has obtained any order from any court of
law restraining the undersigneds to act as attorneys of the legal
heirs of the opponents No.1 & 2 as well as the opponents No.3 to 7,
as such, being lawful attorneys of the opponents the undersigneds
are legally entitled to withdraw the rent from this Misc. Rent Case.

3. That to prove his locus standi to file the objections under

reply, the objector has not filed any power of attorney, which the
opponents executed in his favour, as alleged.

4. That the Sub-General Power of Attorney executed in favour of

objector by Syed Anwar Hassan on the basis of which, the objector
alongwith the undersigned No.1 Qazi Syed Qaiser Noor and Syed
Taqueer Ahsan executed the lease deed Annexure ‘A’ of the main
application has been cancelled and the cancellation Notice as well
as the clipping of daily DAWN dated 9.10.2007 notifying the public
about the cancellation of the Sub-General Power of Attorney of the
objector/S.S. Nazeer Ahsan has been placed on record as Annexure
‘C’ and ‘D’ of the application Under Section 10(3) of the Sindh
Rented Premises Ordinance, 1979.

5. That the photocopies of the alleged affidavits of Mst. Azra

Khatoon and Mst. Jehan Ara Khatoon filed by the objector
alongwith his objection neither bears the attestation of the oath
commissioner nor it bears the attestation of the Under Secretary,
Home (Special) Department, Govt. of Behar, Patna, India nor it
bears the attestation of the High Commission of Pakistan New
Delhi, India, as such, the alleged affidavits are fabricated and bogus
documents and has no value in the eyes of law.
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6. That since inspite of cancellation of his Sub-General Power of

Attorney the objector has unauthorizedly received the rent from the
other tenants of the El-beena Commercial Centre, Clifton, Karachi,
wherein the case premises is situated, as such, with malafide
intention, to cause wrongful loss to the opponents’ and wrongful
gain he has objected to the withdrawal of rent by the undersigneds.

In view of above, it is, prayed that this Hon’ble Court may be

pleased to dismiss the objections of the objector with heavy
compensatory cost to undersigneds.

(i) Qazi Syed Qaiser Noor

(ii) Syed Shah Ameen Ur Rehman

duly constituted Attorneys of
the Opponents

KARACHI
Dated: 8th Nov. 2008 ADVOCATE FOR THE OPPONENTS