FOR IMMEDIATE USE

IN THE COURT OF IVTH RENT CONTROLLER KARACHI-SOUTH

Rent Case No. 35 of 2010

State Life Insurance Corporation

of Pakistan, ...... APPLICANT

VERSUS
M/S A.W. Adwani ...... OPPONENT

AFFIDAVIT-IN-EXPARTE PROOF

I, Muhammad Hanif Qureshi son of late Muhammad

Ashraf, Muslim, adult, resident of Karachi, do hereby state on
oath as under:-

1. I say that I am serving as Senior Office Assistant in the

Real Estate Division of the Applicant and dealing with the
tenancy matters, as such, am fully conversant with the facts of
this case and able to depose the same before this Hon’ble Court.

2. I say that I have been authorized by the Divisional Head

Legal Affairs Division of the applicant Corporation for giving
evidence in the case. I produce my Memorandum of Authority
and Certified copy of Extract from the Administrative Manual of
the applicant and Board’s Resolution whereby Administrative
Manual was approved as Exh.A/2, A/3 and A/4.

3. I say that the applicant is a body corporate established

Under Article 11 of “the Life Insurance (Nationalisation) Order
No. X of 1972” and by virtue of Article 15 thereof is the owner
and landlord of the building standing at the plot of land bearing
Survey No.3/SR-4, known as State Life Building No.4, situated
at Shahrah-e-Liaquat, Karachi, hereinafter called “the said
building”.

4. I say that since 1st July, 2001 the opponent is the tenant
of the applicant in respect of an office space bearing Room
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No.4-G, measuring 442 sq. ft. situated at 4 th Floor of the said

building, hereinafter called “the said premises” at the rent of
Rs.4,862/- per month, payable in advance on or before the 5 th of
every month, besides electricity, water and car parking charges
which are separately payable by him to the applicant as per
Tenancy Agreement dated 4th Sep, 2001. I produce Photocopy of
Tenancy Agreement dated 4th Sep 2001 as – Exh-‘A/5’.

5. I say that at the time of signing the Lease Deed the

opponent paid a sum of Rs.29,172/- by way of Security Deposit
and took over the possession of the said premises from the
applicant, with the promise that he will pay six month’s rent in
advance within one week but in vain. I say that after committing
willful default, in April, 2002 the opponent paid a sum of
Rs.13,260/- (Rupees thirteen Thousand Tow Hundred Sixty
only) to the applicant. As a matter of courtesy, the applicant
accepted the said amount towards the arrears of rent from July,
2001 to 22nd September, 2001.

6. I say that after April, 2002 the opponent has failed to pay
any amount to the applicant towards the arrears of rent from
23rd Sep, 2001 to March, 2002 as well as the due rent from
April, 2002 to December, 2009, thereby, he has committed
willful default in the payment of rent from 23 rd September, 2001
to 31st December, 2009, and is in arrears of rent amounting to
Rs.4,82,664/-.

7. I say that subsequent to the filing of this Rent Case, the

opponent has further failed to pay the due rent of the said
premises from January, 2010 to Sep 2011 and is further in
arrears of rent amounting to Rs.1,02,102/-.

8. I say that the opponent is also irregular in the payment of

electricity charges. After committing willful default, in December,
2004 the opponent paid a sum of Rs.5,611/- on account of
electricity charges, as a matter of courtesy the applicant
accepted the same towards arrears of electricity charges upto 5 th
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November, 2004. I say that after December, 2004 the opponent

has failed to pay any amount towards the Electricity Charges
from 6th November, 2004 to November, 2009, thereby he has
committed willful default in the payment of electricity charges
from 6th November, 2004 to November, 2009 and is in arrears of
Electricity charges amounting to Rs.16,823/-.

9. I say that the opponent has also failed to pay the car
parking charges of two cars at the rate of Rs.800/- per car per
month from January, 2005 to December, 2009 and is in arrears
of parking charges amounting to Rs.96,000/-. Subsequent to
the filing of this Rent Case the opponent has further failed to
pay the Car Parking charges from January, 2010 to September,
2011 and is in further arrears of Car Parking amounting to
Rs.33,600/-.

10. I say that in January, 2010 the applicant filed the above
noted Rent Case against the opponent, the notices of this Rent
Case were repeatedly issued to the opponent through the bailiff,
TCS as well as Courier, the notice was also pasted at the outer
door of the case premises but the opponent choose to remain
out of the proceedings. Consequently, this Hon’ble Court served
the Notice of this Rent Case upon the opponent by publication in
the Daily Nawa-e-Waqt Karachi dated 15.4.2011, but the
opponent avoided to appear before this Hon’ble Court and to file
his written statement. As last resort, this Hon’ble Court was
pleased to pass orders to proceed exparte against the opponent.

11. I say that in view of the above, the opponent has rendered
himself liable to eviction from the said premises on the ground of
default in the payment of rent from 23.9.2001 to December,
2009, and subsequent default from January, 2010 to
September, 2011 and electricity charges from 6 th November,
2004 to November, 2009 and car parking charges from January,
2005 to September, 2011, therefore, the applicant is entitled to
be put in vacant and peaceful possession of the said premises.
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12. I say that in view of the facts stated and evidence

produced above, the ejectment applications be allowed as
prayed.

13. I say that whatever has been stated above is true and
correct to my knowledge and belief.

Karachi
Dated: 7th Oct, 2011 DEPONENT

The deponent above named is identified by me to the

Commissioner for taking affidavits.

ADVOCATE

Stated on oath before me, at Karachi on this 7 th day of

October, 2011 by the deponent above named, who is identified
to me by Mian Mushtaq Ahmad Advocate, who is known to me
personally.

COMMISSIONER FOR TAKING AFFIDAVITS