Law: Sindh Rented Premises Ordinance, 1979

Section: 8,21

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Sind Rented Premises Ordinance (XVII of 1979)--   ---Ss.8 21--Constitution of Pakistan (1973), Art.185(3)--Fair rent-­Fixation of--Factors to be taken into consideration--Leave to appeal granted to consider whether considerations required to be taken note of for determining fair rent had been given due attention while enhancing rent from Rs.200 to Rs.900 per mensem--Landlord allowed to withdraw Rs.500 p.m. as tentatively determined fair rent and balance to be invested in Khas Deposits.   (b) Sind Rented Premises Ordinance (RVII of 1979)--   ---S.8--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal, grant of--Question of first impression--Determination of fair rent-­Considerations for--Leave to appeal granted to consider question of first impression whether considerations for determining fair rent, as specked in S.8 of Ordinance (XVII of 1979) had been taken note of while enhancing rent.   ORDER MUHAMMAD AFZAL ZULLAH, J.--These two petitions involve Two tenants in residential flats have brought under challenge judgment of the High Court of Sind dated 4-3-1987, whereby orders of a learned Rent Controller fixing fair rent under section 8 of the Sind Rented Premises Ordinance (XVII of 1979) and thus increasing the monthly rent in each case from less than Rs.200 to Rs.900 per mensem, were affirmed and the petitioners appeals were dismissed. Learned counsel has relied on section 8 of the Ordinance wherein the conditions for determining fair rent are specified as Clauses (a) to (d) of subsection (1) thereof, which read as follows: 8. Fair rent.--(1) The Controller shall, on application by the tenant or landlord…

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