ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                  C.P No.352 of 2009 

DATE         ORDER WITH SIGNATURE OF JUDGE

1. FOR KATCHA PESHI.

2. FOR HEARING OF MA NO.2897/09.

15.03.2010.

Mr. Irfan Ahmed Qureshi, Advocate for petitioner.

Mr. Muhammad Siddique Arain, Advocate for Respondent No.1 along with his client Dr.Sabir Sikandari.

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                        Matter was heard in detail, however, during course of arguments, the learned counsel for the Petitioner has stated that a reasonable time may be granted to the Petitioner for vacating the premises. The learned counsel for the Respondent No.1 has discussed the matter with his client, who is also present in Court and by mutual consent the petition is being disposed of in the following terms:-

1. That the petitioner will vacate the rented premises on or before 31^st December, 2010, without any delay or excuse.

2. That the Petitioner shall also pay all arrears of rent along with utility bills as determined by the Rent Controller.

3. That besides payment of previous dues of utilities, the petitioner shall regularly pay all future bills of utility services and supply copy of all paid bills to the Respondent No.1/landlord.

4. That the amount deposited with Rent Controller, will be withdrawn by the Respondent No.1 from the Court and Petitioner will concede his no objection.

5. That the Petitioner shall regularly pay the future rent to the landlord before 10^th of every next following month, in accordance with English Calendar.

6. That the Petitioner states that Rs.100,000/- are lying with the landlord as security deposit, which may be refunded back to the Petitioner. The Respondent No.1 will refund this amount to the Petitioner on 31-12-2010 after making proper adjustment on account of unpaid utility bills or repair of damages etc, if any.

7. That in case, any default is committed by the Petitioner in the payment of future monthly rent from the month of April, 2010 to the landlord, or default in payment of utility bills, the Rent Controller shall issue writ of possession without notice in favour of Respondent No.1/landlord with police aid and the permission to break open lock and hand over the possession of subject premises to landlord.

                        In the above terms the petition is disposed of accordingly.

                                                                                                                        JUDGE.

A.C