Law: Sindh Rented Premises Ordinance, 1979

Section: 12

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.12---Repairs of rented premises---Duty of landlord---Scope---Tenant filed application under S.12 of Sindh Rented Premises Ordinance, 1979, for carrying out internal repair of rented premises---Rent Controller found that since the rent was liable to be increased as an automatic process of law and the tenant had defaulted, as such he was not entitled for a favourable order on the application---Appellate Court while disposing of the appeal maintained the same view---Validity---Repair as required in terms of S.12 of Sindh Rented Premises Ordinance, 1979, was never subject to any increase in rent, be it fair rent or any automatic enhancement---Evidence showed that there was no agreement in writing as to sharing the responsibility of repair and in the absence of such agreement as to who would perform such repair, the law would have taken its effect and the landlord was under an obligation to carry out the repairs---Landlord had not denied the damage being caused to the roof of bathroom and other internal structure of the premises---Impugned was set aside and the case was remanded to the Rent Controller for inquiry, both technical and financial, to be conducted directing the landlord and/or tenant to carry out such repair---Petition was disposed of accordingly. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.12---Repairs of rented premises---Duty of landlord---Scope---Rent Controller under the law is vested with the powers to direct the landlord to carry out repair or white-washing of the premises and/or in the alternate to direct the tenant to carry out such exercise subject to adjustment of cost, which is liable to be deducted from the future rents, payable to the landlord till it is fully adjusted---Such powers can be exercised by the Rent Controller in the absence of an agreement, which may demonstrate a responsibility on either party, whereas in the absence, it becomes the responsibility and obligation of landlord to keep the premises fit for human dwelling. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.12---Repairs of rented premises---Scope---Section 12 of Sindh Rented…

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