| Citation(s) |
|---|
| 2026 SLG 2117 2026 SLD 2117 = 2026 SHC 707 |
Sindh High Court
C.P No. S-198 of 2019, C.P No. S-570 of 2019
Presented By: Muhammad Saleem Jessar, J
Altaf AhmedPetitioner in C.P No.S-198 of 2019 &
Respondent No.1 inC.P No.S-570 of 2019 : Through Syed Ehsan Raza, Advocate Haji Muhammad Younus Through his Legal Heirs, Petitioner in C.P No.S-570 of 2019 &
Respondent No.3 inC.P No.S-198 of 2019 : Through Mr. Badar – ul - Alam, Advocate assisted by Mr. Fahad Mansoor Alam, Advocate Official
Respondents : Through Mr. Sagheer Ahmed Abbasi, Assistant Advocate General, Sindh Date of Hearing : 16.03.2026 Date of Judgment : 06.04.2026
C.P No. S-198 of 2019, C.P No. S-570 of 2019
Presented By: Muhammad Saleem Jessar, J
Altaf AhmedPetitioner in C.P No.S-198 of 2019 &
Respondent No.1 inC.P No.S-570 of 2019 : Through Syed Ehsan Raza, Advocate Haji Muhammad Younus Through his Legal Heirs, Petitioner in C.P No.S-570 of 2019 &
Respondent No.3 inC.P No.S-198 of 2019 : Through Mr. Badar – ul - Alam, Advocate assisted by Mr. Fahad Mansoor Alam, Advocate Official
Respondents : Through Mr. Sagheer Ahmed Abbasi, Assistant Advocate General, Sindh Date of Hearing : 16.03.2026 Date of Judgment : 06.04.2026
Roy Altaf Ahmed S/o Chaudhary Muneer Ahmed
VS
Vth ADJ, Karachi East and others Sindh High Court, Karachi
Law: Sindh Rented Premises Ordinance, 1979
Section: 8, 9(1), 9(2)
Law: Constitution of Pakistan, 1973
Section: 199
Summary: The case concerns two constitutional petitions arising from a rent dispute between a landlord and tenant under the Sindh Rented Premises Ordinance, 1979. The landlord sought enhancement of fair rent for a shop from Rs. 1,800/- per month to Rs. 60,000/- per month, arguing that the rent had remained unchanged since 1985 while market rent and living costs had drastically increased. The tenant challenged the enhancement, claiming statutory tenancy rights and arguing that no valid evidence or contractual clause supported rent escalation. The Rent Controller initially fixed fair rent at Rs. 3,856/- per month with a 10% annual increase, which was upheld by the Appellate Court. Both parties then filed constitutional petitions—one seeking further enhancement and the other seeking reversal of the rent increase. The High Court held that under Section 8 of the Sindh Rented Premises Ordinance, 1979, the Rent Controller can determine fair rent based on any one of the statutory factors, and strict proof of all four is not required. It further held that market conditions, inflation, and long passage of time justified enhancement. The Court also upheld the legality of 10% annual increase under Section 9(2). Ultimately, the Court modified the fair rent to Rs. 35,000/- per month with 10% annual increase from April 2019 and dismissed the tenant’s petition while partly allowing the landlord’s petition. Sections Used: Section 8 — Sindh Rented Premises Ordinance, 1979 Section 9(1) — Sindh Rented Premises Ordinance, 1979 Section 9(2) — Sindh Rented Premises Ordinance, 1979 Article 199 — Constitution of Pakistan, 1973 2 Two-Word Case Description: Rent Enhancement Fair Valuation JUDGMENT By this single judgment, l propose to dispose of above said two constitutional petitions as both petitions have arisen from the same order/judgment passed by the Rent Controller and Appellate Court respectively. By means of C.P. No.S-198 of 2019, applicant / landlord has assailed the order dated 31.07.2017 passed by IIIrd Rent Controller, Karachi East in Rent Case No. 151 of 2016, whereby he fixed the fair rent…