IN THE COURT OF SENIOR CIVIL JUDGE ISLAMABAD
SUIT NO. ___/2025
Ahmad Yar VS Farooq Ali
SUIT FOR RECOVERY OF RENT OF
450000/- (Four lakh fifty thousand only)
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT
Respectfully Sheweth,
I. Preliminary Objections:
1. That the instant suit is not maintainable in its present form due to non-compliance with
the mandatory provisions of the Islamabad Rent Restriction Ordinance, 2001. The Rent
Agreement has not been attested by the Rent Controller, rendering it legally deficient.
2. That the Plaintiff has approached this Hon’ble Court with unclean hands by suppressing
material facts, including receipt of partial rent and verbal agreements that modified
payment schedules.
3. That the Plaintiff has not properly quantified the alleged arrears nor maintained any
formal ledger or account showing the actual rent due. No audit or reconciliation of
accounts has been conducted between the parties.
4. That the Plaintiff is estopped from claiming the entire rent amount for the disputed period
due to previous oral accommodations and conduct suggesting waiver of strict monthly
enforcement.
ON FACTS:
1. Para No. 1 is Admitted to the extent that the Plaintiff is the owner of House No. 456,
Street No. 35, I-10/2, Islamabad. The Defendant has been residing at the said premises
pursuant to a verbal and informal understanding with the Plaintiff.
2. Para No. 2 is admitted that a Rent Agreement was executed on or around January 1, 2024.
However, the said agreement was neither registered nor endorsed by the Rent Controller,
and thus cannot be relied upon to claim legal reliefs beyond its informal terms.
3. Para No. 3 is Denied as While the monthly rent of Rs. 50,000/- was agreed upon, the
Plaintiff had verbally allowed the Defendant to make staggered or delayed payments
depending on his financial situation, which the Defendant complied with in good faith.
4. Para No. 4 is admitted.
5. Para No. 5 is denied as that the Defendant has paid partial rent during the period from
April 2024 to December 2024. Cumulative payments amounting to Rs. 150,000/- have
been made via bank transfer and in cash, for which the Plaintiff acknowledged receipt
informally. The Plaintiff’s claim of Rs. 450,000/- is inflated, inaccurate, and fails to
deduct payments made.
6. Para No. 6 is denied is that No legal demand notices were received by the Defendant. The
documents purported to be demand notices are either unserved, improperly served, or
sent without due legal process. The Defendant was never formally notified about the
alleged arrears or provided a reasonable opportunity to respond or settle.
7. Para No. 7 is denied that the Defendant was not made aware of any penalty clause
regarding a 5% interest rate on late payments. The Plaintiff has introduced this clause
unilaterally without evidence of agreement or acceptance by the Defendant. No such term
was included in the oral discussions or practices followed between the parties.
8. Para No. 8 is a matter of record. However, the Defendant states that the alleged cause of
action is vague and improperly stated. There was no formal breach or refusal on part of
the Defendant warranting the cause of action claimed.
9. Para No. 9 is admitted to the extent that this Hon’ble Court has the jurisdiction to
entertain and try the suit as the subject property is located within its territorial limits.
10. Para No. 10 is denied that the suit is not properly valued, and the court fee affixed does
not correspond to the actual legal claim. The claim of Rs. 472,500/- (including interest) is
exaggerated, baseless, and without proper calculation or audit.
PRAYER
In view of the foregoing submissions, it is respectfully prayed that this Hon’ble Court may
graciously be pleased to:
a) Dismiss the suit filed by the Plaintiff in its entirety, with costs;
b) Declare that the Plaintiff is not entitled to the exaggerated and unsubstantiated amount of Rs.
450,000/- or the claimed interest;
c) Direct the Plaintiff to provide a detailed statement of account supported by evidence and
acknowledge partial payments made by the Defendant;
d) Grant any other relief(s) as deemed just, equitable, and appropriate by this Hon’ble Court
under the circumstances of the case.
Defendant
Through
Advocate High Court
VERIFICATION
I, Farooq Ali, S/O Muhammad Saeed, the Defendant above-named, do hereby verify that the
contents of this Written Statement from paragraph 1 to 10 are true and correct to the best of my
knowledge and belief, and nothing has been concealed therein.
