KARACHI, July 21: Notices have been issued by the Court of Rent Controller, Karachi East, on an application filed by the University of Karachi, seeking ejectment of operators of a petrol station on a plot leased out by the applicant and recovery of arrears of rent and utility charges.
Notices for Aug 8 have been issued on the application filed under Section 15(11) of the Sindh Rented Premises Ordinance 1979. It is the case of the applicant that a piece of land, measuring 6,666 square yards, facing University Road, was leased out to one Matiur Rahman for 20 years for establishing a petrol station, through an agreement (dated Nov 12, 1966) at a monthly rental of Rs200.00. But after the demise of Matiur Rahman, the tenancy rights devolved on his legal heirs.
The applicant's case was that Clause-5 of the lease agreement had been violated, which specifically provided that the lessee (late Matiur Rehman) shall not be entitled to sub-lease, except to oil distributing company for installation of the petrol station, the said plot or any construction raised thereon or party, thereof, without the express consent of the lessor (applicant).
The said petrol pump was now being operated by one Nisar Ahmed Shaikh (Opponent No.7) without the consent of the applicant. It is the case of University of Karachi that the opponents without any written consent of the applicant sub-let the petrol station to Nisar Ahmed Shaikh.
The University claims that it came to know of unauthorized sub-letting when Nisar Ahmed Shaikh through a letter addressed to the Vice Chancellor on Nov 3, 2003, stated that he was running the pump since 1996 after he had purchased it from its previous owner.
Nisar Ahmed Shaikh had further requested for grant of lease for 30 years, the applicant claimed. The applicant has contended that from this letter, it was clear that now the legal heirs of the deceased tenant (Matiur Rahman) were not in possession of the petrol pump and they had unauthorizedly sub-let it to Mr Shaikh.
The University claimed that since December 1994 it had not received any rent and other charges from the opponents, who it claimed, had deliberately and wilfully failed to pay the monthly rent amounting to Rs23,200.
The opponents were also not paying electric and water charges since that period and a huge amount is in arrears. They were not providing the meter reading for the purpose of calculating charges of electricity consumed by the opponents. They have also been accused of failing to pay the fixed water charges at the rate of Rs500.00 per month from December 1994.
Earlier also the late tenant unauthorizedly sub-let the petrol pump. In this regard, one Nooruddin son of Haji Ghulam Qadir had filed suit No. 746 of 1994 against University of Karachi, Mohammad Rizwanur Rehman and Pakistan State Oil for declaration, injunction and damages. It was disposed of.
It is the case of the University that since the fist six opponents (Nos 1 to 6) had unauthorizedly sub-let, the petrol pump to Opponent No. 7, and had defaulted in payment of monthly rent and committed breach of lease agreement, the applicant was not interested in continuing the tenancy and prayed that they should be ejected from the premises in question on the ground of sub-letting, default in payment of monthly rent and other charges and breach of the conditions of tenancy agreement.
Mr. Asif Mukhtar, Estate officer, University of Karachi in the application has prayed for ejectment order against the Opponents and or any persons claiming through or under them may be directed to hand over the vacant peaceful physical possession of the petrol pump.