BEFORE THE SENIOR CIVIL JUDGE, ADMINISTRATIVE SPECIAL JUDGE (RENT), LAHORE.
CIVIL EJECTMENT PETITION NO: SCJ/ASJ(R)/LHR/XX-XX-XXXX
1. MR. AHMAD KHAN
2. MRS. FATIMA KHAN
3. MR. ALI KHAN
ALL SONS & DAUGHTER OF MR. MUHAMMAD KHAN RESIDENTS OF 123, DEFENCE HOUSING SOCIETY, LAHORE.
……Petitioners
VERSUS
MR. USMAN ALI, SON OF MR. ASIF ALI, RESIDENT OF 456, UPPER MALL, LAHORE.
……Respondent
E J E C T M E N T P E T I T I O N
U/S 19 OF THE PUNJAB RENTED PREMISES ACT, 2009 FOR THE EJECTMENT OF THE RESPONDENT.
Respectfully Sheweth:
1. That the addresses of the parties have been given above correctly for the purpose of service by this Learned Court.
2. That succinctly stated facts giving rise to the filing of the instant petition are that the predecessor is in the interest of the petitioners i.e. Mst. Saima was the owner of 54 Marlas-30 sq. ft. situated at Plot No. 7839, Street No. 32, Upper Mall, Lahore and after her demise on 22.12.2002, the petitioners stepped into her shoes being her only legal heirs and now they are lawful owners of the property.
3. That 2 Marlas out of the aforesaid property (hereinafter referred to as the "rented premises") were rented out to the respondent under an oral tenancy agreement in the year 2004. Initially, the rented premises were given to the respondent for 11 months at the rate of Rs. 165000/- per month.
4. That the respondent had paid monthly rent for the rented premises till September 2013, and after that, the respondent stopped the payment of monthly rent with malafide and dishonest intention just to deprive the petitioners of the fruit of the property; thus, he became a defaulter in the eyes of the law.
5. That the petitioners approached the respondent many times themselves and through respectable individuals of the locality for payment of rent but the respondent did not accept the genuine and lawful request of the petitioners. The rented premises which are in the possession of the respondent as a tenant are bounded and rounded as follows which is shown in red in the site plan:
North: House of Farooq
South: The rest of the portion of House No. 327
East: House of Shehzad
West: Street No. 2
6. That the period of tenancy has expired, and the petitioners do not want to extend the period of tenancy. Previously, the period was extended up to 31.11.2013 and on the completion of the previous period, the respondent was served with a legal notice for vacation of the rented premises and for payment of the rent. However, the respondent kept the matter pending on one pretext and also did not make payment of the rent due starting from October 2013, therefore, the respondent is liable to be ejected.
7. That the respondent failed to make the payment within 30 days of the rent due each and every month.
8. That the respondent has also damaged the property and impaired the value of the rented premises and in this way, he has violated the terms and conditions of the verbal rent agreement that the respondent would not damage the property or change the shape thereof.
9. That the respondent has become a defaulter in the payment of monthly rent from October 2013 till the filing of the ejectment petition at the rate of Rs. 165000/- per month so an amount of Rs. 354000/- is due towards the respondent.
10. That the tenancy agreement has expired, and the same has not been extended by the petitioners.
11. That the petitioners approached the respondent and requested him to vacate the rented premises and make the payment of rent due towards him but he did not accept the lawful and genuine request of the petitioner.
12. That the cause of action accrued in favour of the petitioners and against the respondent firstly when the respondent did not make payment of monthly rent from October 2013 and the cause of action is still continuing.
13. That the parties are residents of Lahore, the cause of action accrued at Lahore, therefore, this Learned Court has jurisdiction to adjudicate upon the matter.
14. That the prescribed court fee has been affixed to the petition.
PRAYER
In the aforementioned circumstances, it is humbly prayed that the instant petition may kindly be accepted and respondent may graciously be ejected from the property and possession of the property may be restored to the petitioner. Moreover, it is prayed that the respondent may be ordered to pay rent from October 2013 till his ejectment.
PETITIONERSTHROUGHIKYAN SHAHAdvocate High CourtIKYAN LAW ASSOCIATESGreen Acres Main Boulevard Lahore.
VERIFICATION
It is verified on this __day of May 2014, that the contents of the above ejectment petition from Para 1 to 11 are true and from 12 to 14 are correct according to my knowledge and belief.