Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 8,9,9(2)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Rented Premises Ordinance (XVII of 1979) --------- ----------Ss. 8 & 9 --------- Constitution of Pakistan, Art. 199 --------- Constitutional petition --------- Fair rent, determination and fixation of --------- Enhancement of rent --------- Condition --------- Interpretation of Ss. 8 & 9 of Sindh Rented Premises Ordinance, 1979 --------- Sections 8 & 9 of Sindh Rented Premises Ordinance, 1979 were self-determining provisions having their independent domain --------- Section 8 of Sindh Rented Premises Ordinance, 1979 had provided parameters for the enhancement of rent by the Rent Controller to fix fair rent of a tenement --------- Rent Controller should fix fair rent with care and caution --------- No restriction or limit existed to minimize the authority of Rent Controller to fix the rent of a demised premises --------- Section 9(2) of Sindh Rented Premises Ordinance, 1979 had no nexus with S. 8 of the Ordinance --------- Rent Controller and Appellate Court had ample powers to assess all the relevant circumstances while fixing fair rent --------- Landlord had never approached the Rent Controller for enhancement of rent nor any fair rent was fixed after inception of tenancy between the parties --------- Present quantum of rent was less and not in accordance with the prevailing rent of the locality --------- Demised premises was situated in thickly populated area which was famous for business and commercial activities --------- Inflation in cost of construction and hike in cost of land had also caused increase in rental value of the premises of the locality --------- Appellate Court had properly considered the evidence of the parties and modified the passed by the Rent Controller --------- Tenant had failed to point out any illegality or irregularity in the passed by the Appellate Court --------- Constitutional petition was dismissed in circumstances. 2001 SCMR 1161 and PLD 2007 Kar. 485 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979) --------- ----------S. 9 --------- Enhancement of rent --------- Condition --------- If fair rent of the demised premises had already been fixed, rent should not be enhanced for the next three years…

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