Law: Sindh Rented Premises Ordinance, 1979

Section: 8

1. Sindh Rented Premises Ordinance (XVII of 1979)---

----S. 8---Fair rent, fixation of---Increase in taxes, water charges, cost of construction, repair charges and rate of rent in the same building and locality--Order of the Rent Controller depicted that evidence was adduced by the authorized representative of the landlord to satisfactorily prove the increase in taxes, water charges, cost of construction, repair charges and rate of rent in the same building and locality, and the evidence of such authorized person was not shattered during the cross-examination by the tenants---Landlord claimed to have borne heavy expenditure for the renovation of the building including sanitary work, making two lifts serviceable, and revamping the electricity wiring and such assertions could not be refuted by the tenants in the evidence---On the contrary, the tenants in their cross-examination admitted that since July 1997, they were paying the same rate of rent and that taxes had been enhanced with the passage of time---It was further admitted by them that no receipt or documents were available to show the payment of pugri (goodwill) amount---Landlord's authorized witness, in the affidavit of evidence, jotted down all necessary details including the details of the other tenants in the same building, who had already increased the rent after considering the relevant factors that justified the enhancement of rent including the development work carried out by the landlord---Rent Controller, keeping in mind the criteria provided under Section 8 of the Sindh Rented Premises Ordinance, 1979 ('the Ordinance')for fixation of fair rent, rightly fixed the fair rent of the demised premises at Rs. 9/- per square foot per month payable from the date of application instituted for fixation of fair rent---Impugned judgment of the High Court reflected that at an earlier time, the same landlord filed rent cases against some other tenants of the ground floor of the same building and fair rent was fixed at Rs.9/- per square foot, which order was not only affirmed by the High Court but was also maintained by the Supreme Court and even the review petitions were dismissed---Present petitions filed by the tenants were dismissed and leave was refused.

1. Sindh Rented Premises Ordinance (XVII of 1979)---

----S. 8---Fair rent, fixation of---Approach to be adopted by the Rent Controller at the time of fixation of fair rent---Multiple parameters and benchmarks have been fixed in the Sindh Rented Premises Ordinance, 1979 ('the Ordinance') for the assistance of the Rent Controller which he must watch out for and mull over at the time of fixing fair rent of any rented premises in his jurisdiction---There is no standardized formula of "one- size-fits-all" or any other orthodox method which can be applied across the board or universally for every rented premises but each rented premises has its own features such as its location, property category and size, parallel rent statistics, and distinctiveness, therefore, the Rent Controller is obligated to follow, with a conscious approach, the yardstick/indicators provided under Section 8 of the Ordinance for determination of fair rent with regard to such particular rented premises for which an application has been made before him for determination of fair rent---It is not the intent of the legislature that at the time of fixing fair rent by the Rent Controller for any premises, the litmus test of all constituents and characteristics provided under Section 8 of the Ordinance should be present in unison or conjointly, but such conditions are provided as a yardstick which are required to be considered by the Rent Controller---Opposing party cannot claim that all conditions should work together or be congregated with strict proof on the touchstone of conditions word by word, but, if one or two grounds are proved satisfactorily and others are not, even in that set of circumstances, the Rent Controller may fix the fair rent proportionately and equitably, being mindful to the proven grounds; but cannot decline the application on the ground that the applicant has failed to prove or substantiate all preconditions as sine qua non for fixation of fair rent as provided under Section 8 of the Ordinance.