| Citation(s) |
|---|
| 2013 SLG 732 2013 SLD 732 2013 CLC 739 |
Sindh High Court
Constitutional Petitions Nos.S-167, 168, 169 of 2011, decided 30-11-2012
AFTAB AHMED GORAR, J
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Constitutional Petitions Nos.S-167, 168, 169 of 2011, decided 30-11-2012
AFTAB AHMED GORAR, J
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SINGER PAKISTAN LIMITED
VS
ARSHAD RIAZ FAZAIL and 2 others
Law: Sindh Rented Premises Ordinance (XVII of 1979)
Section: 8
Law: Sindh Rented Premises Ordinance (XVII of 1979)
Section: 8
Law: Constitution of Pakistan, 1973
Section: 199
Sindh Rented Premises Ordinance (XVII of 1979)-------S. 8---Constitution of Pakistan, Art.199---Constitutional petition---Fair rent, fixation of---Concurrent findings of fact by two courts below---Tenant was aggrieved by fixation of fair rent by Rent Controller which was maintained by Lower Appellate Court---Validity---Tenant had been in possession of premises in question since long when cost of land as well as that of construction was so nominal in comparison to prevalent cost of land and construction etc., even taxes were increased and premises was situated in heart of the city---High Court in exercise of Constitutional jurisdiction declined to interfere in concurrent findings of fact by two courts below---Petition was dismissed in circumstances. PLD 1993 Kar. 137; 1991 CLC 351; 1995 CLC 202; 1991 CLC 351; 2010 CLC 151; 1992 MLD 1588 and PLD 1987 Kar. 541 distinguished. Messrs Shamim Akhtar v. State Life Insurance Corporation of Pakistan Karachi and 2 others PLD 2005 Kar. 554 and Hafiz Shafatullah v. Mst. Shamim Jahan and another PLD 2004 Kar. 502 rel. Syed Shahid Hussain for Petitioners. Khalid Mahmood Dhoon for Respondent No.1. Date of hearing: 14th November, 2012. ORDER AFTAB AHMED GORAR, J.--- By this single order I propose to dispose of above said three Constitutional Petitions as in all the petitions petitioner/tenant is one and same and the tenements in question in all the petitions are situated in the same building, besides the facts as well as law involved in all the petitions are also almost. Brief facts of the case, as disclosed in the memo of petitions, are that the petitioner in all the petitions viz. Singer Pakistan Limited is tenant in respect of office premises bearing Nos.S-14, 609 and 610 situated in Beaumont Plaza, Beaumont Road, Civil Lines Quarters Karachi and that petitioners in C.Ps.167 of 2011, 168 of 2011 and 169 of 2011 are the landlords of the said premises respectively. Upon the expiry of tenancy agreement the respondents/landlords requested the petitioner/ tenant to vacate the premises whereupon the petitioner requested to renew the tenancy agreement for further 5 years and also proposed to increase the rent by 7.5%, however the…
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