Law: Sindh Rented Premises Ordinance, 1979

Section: XVII,8

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 8---Fair rent, fixation of---Commercial area---Production of documents of a building in the vicinity qua enhanced rate of rent and increase in existing taxation---Plea of dilapidated condition of building taken by the petitioner--Rent application filed by the respondent was allowed, whereas, the first rent appeal preferred by the petitioner was dismissed---Validity---Rent Controller determined the fair rent after considering the factors to be enumerated in S. 8 of the Sindh Rented Premises Ordinance, 1979, (Ordinance) and the rent application was not allowed as prayed---Petitioner/tenant had failed to prove that the condition of the building was dilapidated and the rent paid by the petitioner commensurated with the rental value of the property, however, Rent Controller had correctly observed that since the commencement of the tenancy till now there was increase in property tax, utility charges and rental value, which were valid considerations for fixation of fair rent and after application of mind, had fixed the quantum of fair rent---Rent Controller correctly noted that the factors required for consideration of S. 8 of Ordinance did not need to coexist for enhancement or fixation of monthly rent---Even if the landlord is able to establish a single ground mentioned in S. 8 of the Ordinance, he will be entitled to fixation of fair rent---Respondent had succeeded to establish factors, which entitled him to enhancement of rent, whereas, the petitioner had not made out a case for exercise of writ jurisdiction by the High Court and had been unsuccessful in establishing that the findings of courts below were perverse, arbitrary or capricious---Constitutional petition was dismissed, in circumstances.Alay Javed Zaidi v. Habibullah and others 2024 SCMR 781; Messrs Haque Traders and others v. Sheikh Abid and Co. Pvt. Ltd. and others PLD 2024 SC 918 and Akhtar Kamran (deceased) through legal heirs v. Pervaiz Ahmed and others 2023 SCMR 1147 rel.Date of hearing: 12th March, 2025.JUDGMENTMUHAMMAD JAFFER RAZA, J.---The instant petition has impugned the order dated 16.03.2020 passed in First Rent Appeal No.109/2020.2.…