Messrs HYESONS COMMERCIAL AND INDUSTRIAL CORPORATION Ltd.‑‑Plaintiff
VERSUS
The TRUSTEES OF THE KARACHI PORT TRUST‑‑Defendant
Under a registered lease‑deed, dated 9‑5‑1964 the defendants granted a lease to the plaintiffs for 25 years commencing from 7‑7‑1954 in respect of a plot of land bearing No. 47, Industrial Area West Wharf, Karachi measuring 8512 square yards at the agreed rate of Rs.3.50 pet square yard per annum. A cold storage plant, wherehouse and officer were to be constructed on the said land by the plaintiffs which has been made by them. The plaintiffs claim to have invested Ks.90,00,000 in constructing the Cold Storage, plant, wherehouse and offices with drain. In terms of the lease on its expiry on 7‑7‑1979, a fresh lease‑deed for a period of 25 years was to be executed on such fresh terms and conditions as may be mutually agreed upon. The defendants by their letter, dated 1‑1‑1979 requested for the renewal of the lease‑deed. On 21 ‑7‑1979, the defendants agreed to execute a fresh lease for 25 years earn at an enhanced rate of Rs.21.85 per square metre per annum, excluding K.M.C. and Government taxes and that the plaintiffs further deposit a sum of Rs.1,56,000 ids security deposit for faithful performance of the conditions of the lease. On 4‑8‑1979, the plaintiffs replied protesting against the demand of exhorbitant rent and deposite and offered to consider a reasonable increase in the rent by mutual consent. The defendants insisting on their demand stated that if the rent were not paid at the rate demand by them the plaintiff's possession would be treated as unauthorised. A bill for Rs.83,584 being the half‑yearly rent, @ Rs.21.85 per square metre per annum was also sent to the plaintiffs. On 13‑10‑1979 the defendants threatened the plaintiffs to recover the enhanced rent under the Criminal Procedure Code. The plaintiff agreed notice under section E`s7 of the 1S.P.T. Act on 12-9-1979, and filed the present suit for permanent injunction for restraining the defendants from recovering rent C 11.85 per square metre per annum and taking steps for their eviction on the alleged ground that they are unauthorised occupants of the said premises. The defendants filed their written statement in which it was denied that the rent…
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