IN THE HIGH COURT OF SINDH AT KARACHI

Suit No. 1748 of 2010

Altaf, son of Jan Muhammad ………………………………………..……. Plaintiff

Versus

Sindh industrial Trading Estates Ltd & others ……………….….. Defendants

AFFIDAVIT IN EVIDENCE OF PLAINTIFF

I, Altaf, son of Jan Muhammad, Muslim, adult, resident of Karachi,

as sole proprietor of “Asif Agencies” do hereby state on oath:

1. I say that on or about 20 th June 1987 I entered into an agreement

with the Defendant No. 3 through which the said Defendant leased

out a portion of land bearing Plot No. D-50/1, Sindh industrial

Trading Estates Ltd, Karachi to Asif Agencies. The said portion of

the land is a part of Plot No. D-50, Sindh industrial Trading Estates

Ltd, Karachi. A copy of the agreement is annexed herewith and

marked Exhibit P/1.

2. That I entered into a second agreement with the Defendant No. 3 on

2nd July 1987 through which the Defendant No.3 leased another

portion of Plot No. D-50, S.I.T.E, Karachi to Asif Agencies which

was described as Plot No. D-50/B, S.I.T.E, Karachi. A copy of the

agreement dated 02.07.1987 is annexed herewith and

marked Exhibit P/2.

3. That on or about 27th May 1989, on behalf of Asif Agencies, I

entered into a fresh lease agreement with the Defendant No. 3,

which was to commence from 1st July 1989, in supercession of the

previous lease agreements at a consolidated monthly rent of Rs.

25,000/-. A copy of the agreement dated 27.05.1989 is

annexed herewith and marked Exhibit P/3.

4. That the original agreement was kept in my records, but was

destroyed by the Defendant No. 1 on 11.03.2006, when the

representatives of the Defendant No. 1 came and illegally

demolished the godowns. The lease agreement dated 01.07.1989

has been admitted by the Defendant No. 3 in its written statement,

which is attached herewith and marked as Exhibit P/4.

5. That I received a notice from the Defendant No. 3 on 14 th March

2001 stating that the Defendant No.2 has become the new owner of

Plot No. D-50, S.I.T.E, Karachi and that the future rent in respect

of the premises shall be collected and settled by the Defendant

No.2. I further received a letter on 16th March 2001 from the

Defendant No.2 stating that the Plot No. D-50, S.I.T.E, Karachi has

been purchased by him and that the rent shall now be collected

and settled by him. Copies of the letter dated 14.03.2001 and

16.03.2001 are annexed herewith and marked Exhibit P/5

and Exhibit P/6.

6. That vide letter dated 22nd March 2001, I informed the Defendant

No. 2 that the rent being paid previously under the lease agreement

was to the Income Tax Department against certain liabilities of the

Defendant No. 3. A copy of the letter dated 22.03.2001 is

annexed herewith and marked as Annexure Exhibit P/7.

7. That the Defendant No. 2 and 3 persuaded the Income Tax

Authorities not to press the notice under Section 92 of the Income

 Tax Ordinance, after which I started paying rent directly to the

Defendant No. 2, which rent is being paid to date. Copies of some

of the rent receipts are annexed herewith and marked as

Annexure Exhibit P/8 to Exhibit P/22.

8. That the entire Plot No. D-50, S.I.T.E, Karachi was enclosed by a

boundary wall that runs around its periphery and was internally

portioned into 3 portions, each of which was accessed by a separate

main gate. The area that was rented out to me was accessible by

two of the three gates. A sketch showing the area that was in

my possession is annexed herewith and marked as Annexure

Exhibit P/23.

9. That the Defendant No. 2 claims title to Plot No. D-50, S.I.T.E,

Karachi in consequence of a consent decree passed in Suit No. 829

of 2000. In the said Suit United Bank Ltd was also arrayed as a

Defendant. An Execution of the decree was filed numbered as

Execution 113 of 2001 through which the attachment of Plot No. D-

50, S.I.T.E, Karachi was prayed. A copy of the decree passed in

Suit No. 829 of 2000 and a copy of the Nazir report in

Execution 113 of 2001 is annexed herewith and marked as

Annexure Exhibit P/24.

10. That the above-mentioned suit has been the subject of proceedings

under Section 12(2) CPC filed by me and UBL as we believe that the

decree passed is collusive. The proceedings are still pending in this

Hon’ble Court.

11. I say that I have enjoyed uninterrupted peaceful position of the

leased area as tenant of the Defendant No.3/Defendant No.2. The

same is also evident from the report of the Nazir of this Hon’ble

Court in Suit No. 829 of 2000. A copy of the nazir report is

annexed herewith and marked as Annexure Exhibit P/25.

 12. I say that through clause 8 the agreement dated 27.05.1989 I was

entitled to re-let/sub-let/re-lease the premises if I wished to. As

such, I let out some of the godowns of which I was the tenant.

13. That on or about 1130 hours on 11th March 2006 an armed group

of about 12 to 15 men, claiming to be representatives of the

Defendant No. 1, forced their way into the premises that have been

leased out to me and without any notice started demolishing the

godowns of the premises. These godowns contained stocks of

surgical instruments, drums containing chemicals, tyres, bales of

clothes, computers and computer hardware, and assorted items.

Photographs showing the damage down by the agents of the

Defendant No. 1 are annexed herewith and marked Annexure

Exhibit P/26 to Exhibit P/30.

14. That on 13.03.2006 I filed Suit No. 274 of 2006 before this Hon’ble

Court against the Defendants praying to this Hon’ble Court to

permanently restrain the Defendant No. 1 from trespassing on the

land which is under my occupation and for damages. A true copy

of the plaint of the Suit is annexed herewith and marked as

Annexure Exhibit P/31.

15. That in the above-mentioned Suit vide order dated 13.03.2006 this

Hon’ble Court passed an order to maintain status quo and

appointed Mr. Khalid Shah, Advocate as Commissioner to visit Plot

No. D-50, S.I.T.E, Karachi and submit his report. A true copy of

the order and notice to the Defendants dated 13.03.2006 is

annexed herewith and marked as Annexure Exhibit P/32.

16. That the Commissioner inspected the property on 14.03.2006 and

submitted in his report that that he was not allowed to enter the

property but was able to take some photographs from the window.
 A copy of the inspection report is annexed herewith and

marked as Annexure Exhibit P/33.

17. That on or about 14th March 2006 the Defendant No. 1

dispossessed me from a portion of the property. According to the

records of the Defendant no. 1, the lessee of the plot is Nishat

Industries Limited, which is now known as Akbar Textile Mills

Limited, the Defendant No. 3. As of late August 2005, the

Defendant No. 1 has received ground rent and issued a receipt in

the name of Nishat Industries, a copy of which is annexed

herewith and marked as Annexure Exhibit P/34. A certificate

issued by the Registrar of Companies showing the change in

name is annexed herewith and marked as Annexure Exhibit

P/35. The lease issued by the Defendant No. 1 in favour of the

Defendant No. 3 is annexed herewith and marked as

Annexure Exhibit P/36.

18. That as the Defendant No. 1 obstructed the inspection conducted

by the Commissioner in Suit No. 274 of 2006, vide order dated

17.03.2006 the Nazir was appointed as Commissioner to re-inspect

the property. The Nazir re-inspected the property on 18.03.2006

and submitted his report along with photographs. A copy of the

Nazir report dated 25.03.2006 is annexed herewith and

marked as Annexure Exhibit P/37.

19. That this Hon’ble Court, vide Order dated 22.05.2006, directed the

Nazir to inspect the property bearing Plot No. D-50, S.I.T.E,

Karachi, to report on the factual position of possession. Vide report

dated 20.06.2006, the Nazir reported that the part of the property

that is the subject of the instant suit was in possession of the

Plaintiff, but at the time of inspection was found in possession of

Defendant No. 1, who was rebuilding after “removing the old wall”.
 Copy of the report dated 20.06.2006 is annexed herewith and

marked as Exhibit P/38.

20. That during the pendency of Suit 274 of 2006, this Hon’ble Court

vide Order dated 15.04.2010 directed the Nazir to inspect No. D-

50/1 and prepare a sketch to show construction activity. The

Nazir produced his report dated 06.05.2010, a copy of which

is annexed herewith and marked as Exhibit P/39.

21. That from the lease granted by the Defendant No. 1 it can be

noticed that the frontage of Plot No. D-50, S.I.T.E, Karachi along

the 100’ wide road is 695’.

22. That the Defendant No. 1 has dispossessed me from a portion of

Plot No. D-50, S.I.T.E, Karachi which can be shown through the

shaded area of the sketch annexed herewith and marked as

Annexure Exhibit P/40.

23. That I say that no notice was given to me by the Defendant No. 1

stating that I was occupying the property in a manner that was

adverse to the interests of the Defendant No. 1.

24. That in view of the foregoing, the Defendant No. 1 cannot disposes

me except in accordance with the law.

25. That whatever is stated above is true and correct to the best of my

knowledge, information and belief.

DEPONENT