| Citation(s) |
|---|
| 2026 SLG 2091 2026 SLD 2091 = 2026 SHC 279 |
Sindh High Court
C.P. No.S-608 of 2025
Presented By: Adnan-ul-Karim Memon, J.
Date of hearing and order:- 02.02.2026 Mr. Shahzad Afzal advocate for the Petitioner Mr. Naeem Suleman advocate for
Respondent Nos.1 to 3 Mr. Ali Safdar Depar AAG
C.P. No.S-608 of 2025
Presented By: Adnan-ul-Karim Memon, J.
Date of hearing and order:- 02.02.2026 Mr. Shahzad Afzal advocate for the Petitioner Mr. Naeem Suleman advocate for
Respondent Nos.1 to 3 Mr. Ali Safdar Depar AAG
(Haroon Rasheed
VERSUS
Abdul Rahim & others)
Law: Constitution of Pakistan, 1973
Section: 199
Law: Sindh Rented Premises Ordinance, 1979
Section: 8,21
Sections / Provisions Used Article 199 Constitution of Pakistan 1973, Section 8 SRPO 1979, Section 21 SRPO 1979 Case Summary Petitioner challenged fair rent fixation and appellate judgment under the Sindh Rented Premises Ordinance, 1979, arguing misreading of evidence, defective SPA, and ignoring building condition. Courts had enhanced rent based on market comparisons, tenant admissions, and statutory factors under Section 8 SRPO. Both Rent Controller and Appellate Court found rent enhancement justified due to prevailing market rates and evidence of similar premises. High Court held that concurrent findings were based on proper appreciation of evidence and within statutory discretion, and found no illegality or perversity to justify interference under Article 199. Petition was dismissed. 2-WORD Case Description Fair Rent Concurrent Findings O R D E R The petitioner Haroon Rasheed has filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer. a. Judgment dated 24.05.2025 & 10.03.2025 passed by the learned respondent No. 4 &5 in Rent case No. 602/2023 and First Rent Appeal No. 86/2025 are incompetent without lawful authority without apply the judicial mind and of no legal effect, hence liable to be set aside and accordingly thereafter perusal of its illegality and misreading of facts set aside and remand back the case. The petitioner, being aggrieved by and dissatisfied with the impugned order dated 24.05.2025, passed by the learned Appellate 12th Additional District & Sessions Judge, Karachi South, in F.R.A. No.86 of 2025, whereby the order dated 10.03.2025 of the learned XII-Rent Controller, South Karachi, in Rent Case No. 602 of 2023 was maintained. It is the case of the petitioner that the respondents filed Rent Case No.602/2023 for the fixation of fair rent under Section 8 of the SRPO, 1979, claiming ownership of the property on Plot No.48, M.N. Deed Building, Thattai Compound, M.A. Jinnah Road, Karachi, as legal heirs of the late Muhammad Nabiuddin. The petitioner is the tenant of shops Nos.11, 12 & 13 measuring…