Law: Sindh Rented Premises Ordinance, 1979

Section: 8

Sindh Rented Premises Ordinance (XVII of 1979)-----S. 8---Fair rent, fixation of---Scope---Rise/increase in cost of construction, repair charges, taxes, labour charges etc. cannot be ignored while determining the fair rent---While determining fair rent, the Court is required to take into consideration all ingredients, which are reducing the value of money with each passing month. State Life Insurance Corporation of Pakistan and another v. Messrs British Head and Footwear Store and others 2018 SCMR 581 ref. JUDGMENT SYED HASAN AZHAR RIZVI, J.---Through this petition for leave to appeal, filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has assailed the judgment dated 28.02.2023 passed by the High Court of Sindh, Karachi, whereby his Constitutional Petition No. S-1067 of 2019 was dismissed. 2. Succinctly, facts of the case leading to filing of this petition are that the respondent, Pervaiz Ahmed, being owner of the premises in question initiated proceedings for fixation of fair rent against his tenant/petitioner, Akhtar Kamran (predecessor-in-interest of the petitioners), by filing a rent case bearing No.367/2010 on 18.10.2010 under section 8 of the Sindh Rented Premises Ordinance, 1979 (the Ordinance) before the Rent Controller, Karachi (East). It was the case of the respondent that the petitioner is his tenant in respect of shop No.4, ground floor, Khayam Chambers situated on Plot No.190/A-1, Block No.2, PECHS Society, Karachi. It was alleged that after lapse of several years, the rate of inflation was substantially increased which affected the economic norms and conditions and, therefore, the maintenance of the property became expensive, however the petitioner is paying the rent at the rate of Rs.11,401/- per month, which is less as compared to the prevailing rent at the adjoining locality of the area. The petitioner was asked verbally as well as through legal notice dated 20.10.2010 for increasing the rent, but he failed to do so. After due deliberations, the application of the respondent was allowed by the Rent Controller and fair rent was fixed as Rs.70,000/- per month from the date of institution of…

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