Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 8,9,15

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 8, 9 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Default in payment of rent-Restriction on enhancement of rent---Scope---Ejectment application and appeal filed by landlord were concurrently dismissed by Rent Controller and Lower Appellate Court on the ground that annual increase of rent mentioned in rent agreement was against law and landlord failed to provide detail of his bona fide requirement of premises---Validity---Restriction imposed on enhancement of rent under S. 9 of Sindh Rented Premises "Ordinance, 1979, by not more than 10% per annum and that too after three years, was on' "Fair Rent", which was to be determined by Rent Controller under S. 8 of Sindh Rented Premises Ordinance; 1979---No "Fair Rent" was determined by Rent Controller in the present case, therefore, conditions of S. 9 of Sindh Rented Premises Ordinance, 1979, were not applicable and agreement between parties was not inconsistent with the principal Statute i.e. Sindh Rented Premises Ordinance, 1979---Tenant at all times was at liberty to move an application under S.8 of Sindh Rented Premises Ordinance, 1979, for fixation of "Fair Rent", if he had felt that "Fair Rent" was not the one that was being claimed and liable to be paid by him---Clause of rent agreement pertaining to enhancement of rent annua4ly was not inconsistent thus operative---Tenant had defaulted while not tendering rent pursuant to the rent agreement between the parties---Landlord was , not required to give fullest possible description of his personal use of property, when it had been established that in pursuance of family expansion, the accommodation was requ5d accordingly---Good faith was a matter which related to attending circumstances of landlord and should ordinarily be accepted without imputing bad faith unless strong circumstances to the contrary were brought on record---Non­-mentioning of personal requirement in notice could not prima facie be enough to militate against personal requirement, which was otherwise proved---High Court set aside orders passed by two courts…

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