Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 8

(a) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---High Court could not resolve factual controversy. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.8---Fair rent of demised premises, determination of---Factors requiring consideration stated. Section 8 of the Sind Rented Premises Ordinance, 1979 provides four factors for determination of fair rent of premises. The first is the rent of similar premises situated in the similar circumstances in the same or adjoining locality, the second factor is regarding rise in the cost of construction and repair charges, the third is imposition of new taxes, and the fourth annual value of the premises on which property tax is levied. It is not necessary that such four conditions must be satisfied or fulfilled by the landlord while praying for fixation of fair rent of the demised premises and anyone condition specified in section 8, is sufficient to fix fair rent of the demised premises. If rent of a property is abysmally low and is brought at par with other rented premises in the area, increasing the same manifold will not render the same illegal or without jurisdiction. Muhammad Afaq v. State Life Insurance Corporation of Pakistan and 2 others PLD 2008 Kar. 100 rel. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.8---Fair rent of demised premises, fixation of---Burden of proof---Once landlord had been able to show rate of rent in similar/adjoining areas similar to what was asserted by him or higher, then onus would shift on tenant to bring evidence to negate such assertion of landlord. (d) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.8---Constitution of Pakistan, Art.199---Constitutional petition---Application for fixation of fair rent of demised premises---Grant of arrears of rent by Rent Controller from year 1991 till filing of such application in year 2008---Validity---Neither the application contained prayer for fixation of rent from year 1991 nor such prayer could be made in an application filed in year 2008 nor was there any issue regarding entitlement of applicant to fixation of fair rent or payment of arrears of rent from year…

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