Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 8,8(1)(b)(c)(d),9

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 8 & 9---Fair rent, fixation of---Requirements---Rent Controller fixed fair rent @ Rs. 30,000/- per month of demised premises but same was reduced to Rs. 20,000/- per month by the Appellate Court---Validity---Tenancy agreements produced by the landlady were with regard to different premises and same did not contain area/ measurement of the same---Said tenancies could not be relied upon for determining fair rent of demised premises---No documentary evidence had been produced to assess fair rent of demised premises---Cost of construction had raised to manifold and property tax had also enhanced which could be considered for fixing the fair rent of rented premises---Demised premises was situated in the heart of city and business area---Tenant was paying monthly rent to the landlady by enhancing time to time even after institution of present petition---Appellate Court had passed impugned order after consideration of all the relevant facts of the case which was justified and lawful on account of prevailing circumstances---Constitutional petition was dismissed, in circumstances. 2010 SCMR 1582 distinguished. Mukhtaral Omar v. Messrs State Life Insurance Corporation of Pakistan and 2 others 2009 YLR 204; Abdul Rahman and another v. Zia-ul-Haque Makhdoom and others 2012 SCMR 954 and Altaf Hussain v. Arifa Farooqui and 7 others PLD 2013 Lah. 95 rel. (b) Evidence--- ----Photocopy of a document was inadmissible in evidence. THIS JUDGMENT DELIVERED BY: MRS. KAUSAR SULTANA HUSSAIN, J.--- Through this Constitution Petition under Section 199 of the Constitution of Islamic Republic of Pakistan, 1973, the appellant has impugned a common judgment dated 26.07.2014, passed by learned Vth Additional District Judge South, Karachi, in First Rent Appeals Nos. 18 of 2014 and 23 of 2014, preferred by both the appellant and respondent, respectively, whereby modified the monthly rent of the premises in question fixed by the learned Rent Controller @ Rs. 30,000/- per month and reduced the fair rent of the premises in question to the extent of Rs. 20,000/- per month from the date of order with further direction that such…

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