IN THE COURT OF RENT CONTROLLER-I, SUKKUR
Rent Application No. of 2026
Majid Malik . . . . . . Applicant/(Tenant).
VERSE
Abdul Jabbar Memon . . . . . . Opponent/(Landlord).
WRITTEN STATEMENT
The opponent respectfully submits this Written Statement and states as under:
PRELIMINARY OBJECTIONS
1. NOT MAINTAINABLE
That The present application u/s 10(3) of the Sindh Rented Premises Ordinance
1979 is not maintainable as the written tenancy already expired by efflux of time
on 31-12-2025.
A fixed-term tenancy automatically ends; no further notice is required, instead
of this as a reminder opponent on dated 07-01-2026 send notice to the opponent
subject to Evict the demise shop within the period of 07 days but opponent/tenant
did not give any positive response in this regard.
AUTHORITY:
Muhammad Hanif vs. Abdul Ghafoor Abdul Rasheed vs. Mst.
(2002 SCMR 1169) – Shahnaz (2010 SCMR 1301) –
Fixed term tenancy expires No fresh notice required after
automatically. expiry of fixed term.
2. ABUSE OF PROCESS OF COURT
That prior to this a Rent Application No.04/2026 (Abdul Jabbar Memon vs.
Majid Malik) Under Section 15 of SRPO 1979 filed on 20-01-2026 by Abdul
Jabbar Memon, i.e the opponent in present application is already pending for
adjudication before this Honourable Court on 04-02-2026. Despite service,
(Majid Malik)/Tenant is deliberately avoiding filing Written Statement. Instead
of contesting on merits, he has: Filed Cr. Misc. Application No. 4200/2025 before
Court of Honourable Additional Sessions Judge-I, Sukkur same is disposed of as
no harassment found vid order dated: 09-01-2026. And now (Majid
Malik)/Tenant filed this instant application u/s 10(3) of the Sindh Rented
Premises Ordinance 1979.
This clearly shows forum shopping and dilatory tactics is just intentional abuse
of process of court.
3. DEPOSIT UNDER SECTION 10(3 DOES NOT EXTEND TENANCY
That even if rent is deposited under Section 10(3), such deposit does not create
fresh tenancy rights nor extend an expired fixed-term tenancy.
The applicant cannot use Section 10(3) as a device to continue possession after
expiry of agreed term.
4. FALSE ALLEGATION OF 20 YEARS TENANCY
That the applicant has falsely claimed that he is tenant for the last 20 years,
which is contrary to the written agreement dated 21-01-2025 executed between
the parties.
If tenancy was 20 years old:
o Why execute a fresh written agreement?
o Why fix rent at Rs. 22,000/- per month?
o Why pay security deposit of Rs. 550,000/-?
o Why specify fixed validity period up to 31-12-2025?
This contradiction shows concealment of material facts.
5. BINDING CLAUSES OF AGREEMENT
The written agreement specifically provides:
o Paragraph No. 3: Tenancy for 12 months only (01-01-2025 to 31-12-
2025).
o Paragraph No. 8: Clearance of all rent and utility dues before handing
over possession
o Paragraph No. 9: Mandatory vacation after completion of term
The applicant is bound by these clauses.
6. SECTION 10(3) CANNOT DEFEAT EVICTION
Even if rent is deposited, it does not bar ejectment under Section 15.
AUTHORITY
Muhammad Ashraf vs. ADJ Haji Muhammad Yaqoob vs. Mst.
(1993 SCMR 1056) – Khalida
Deposit of rent does not defeat (1992 SCMR 1987) –
landlord’s right of eviction Landlord is best judge of
personal bona fide need.
PARA-WISE REPLY ON MERITS
1. That the contents of para No.1 of the application are incorrect to the extent
that the applicant has not disclosed expiry of tenancy on 31-12-2025. The
tenancy was fixed term and has already expired by efflux of time.
2. That the contents relating to alleged refusal of rent are denied. After expiry
of fixed term, no obligation existed to accept rent.
3. That it is denied that the applicant is entitled to protection under Section
10(3), as no subsisting tenancy exists after 31-12-2025.
4. That all other allegations contrary to this Written Statement are denied.
PRAYER
It is respectfully prayed that the application under Section 10(3) of the Sindh
Rented Premises Ordinance, 1979 may kindly be dismissed with costs, being not
maintainable in law.
Any other relief deemed just and proper may also be granted.
DATED: -02-2026 OPPONENT
VERIFICATION:
I, Abdul Jabbar S/O Shah Muhammad by caste Memon,
adult Muslim, resident of [Link].516/153, Agha Ghulam AliStreet Waritar
Road Sukkur, District Sukkur, the opponent in above named, do hereby
verify on oath that the contents of all paragraphs are true to the best of my
knowledge and those of remaining paragraphs are based on information
and belief.
Verified on this ___ day of February, 2026.
DEPONENT
I KNOW THE DEPONENT
ADVOCATE
DOCUMENT ATTACHED:
1. PS Copy of Agreement dated: 21-01-2025
2. Ps copy of agreement to sell dated 12-07-2019
3. PS Copy of Eviction Notice and TCS receipt
4. PS Copy of order dated: 09-01-2026 in Cr. Misc. Application No. 4200/2025
5. PS Copy of Rent Application No. 04/2026 Under Section 15 of SRPO 1979
DOCUMENTS RELIED UPON
Any other documents that may be produced in rebuttal.
LIST OF WITNESSES
1)
2)
OPPONENT
Drawn by me under instructions of the plaintiff.
ADVOCATE
Note: Address for service is same as mentioned above.
