Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 19, 12 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Application for fixation of fair rent---Adjudication by Rent Controller---Landlord filed application for determination and fixation of fair rent, and tenant in turn filed application under S.12 Sindh Rented Premises Ordinance, 1979 for repairs---Tenant's application for repairs to the premises was allowed by Rent Controller---Contention of petitioner/landlord was that said application of the tenant was filed with mala fide intention---Held, that in the peculiar circumstances of the case, it was incumbent upon the courts below to judiciously consider the entire material available on record, including previous litigation, demeanor of the parties and stances taken by them, and by focusing on the very aspect whether the tenant had filed application for repairs with a bad intention to deprive the landlord from payment of fair rent already fixed by court or otherwise---Tenant had proposed repairs almost equal to the amount of the outstanding fair rent against the tenant, which was still unpaid and which showed mala fide intention of the tenant; and such aspect should have been considered by the courts below---Furthermore, the stance of the tenant that he was prepared to pay entire fair rent amount if the landlord undertook repairs of the premises, clearly indicated mala fide intention and ulterior motives of the tenant---Undeniably under S.12 of the Sindh Rented Premises Ordinance, 1979 the landlord was bound to carry out necessary repairs of the demised premises, but tenant could not compel or pressurize landlord for excessive work, addition or alteration of the premises under the garb of repair works, which was contrary to provisions of S.12 of the Sindh Rented Premises Ordinance, 1979---Rent controller did not proceed in the matter according to S.19 and did not direct tenant to file his affidavit in evidence to establish his claim and did not afford opportunity to landlord to conduct cross examination of tenant---Impugned orders of courts below were set aside, and case was remanded to Rent Controller to decide controversy…

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