Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 8(2)---Fair rent, determination .of---Previous mutual arrangement--­Effect---Provisions of S. 8(2), Sindh Rented Premises Ordinance, 1979, having postulated conditions for seeking fixation of fair rent. previous mutual arrangement would spell no preclusion; and demand of variation from one side even if it upon acceptance matures into contract, could not be allowed to block the way for determination of fair rent by Rent Controller for right under S.8(2) of the ordinance was absolute. (b) Qanun-e-Shahadat (10 of 1984)- ----Art. 114---There is no estoppel against law---Where law had mandated specific rights and specific procedure for their enforcement, parties could not even contract out of the same. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ---S. 15---Qanun-e-Shahadat (10 of 1984), Art. 1(2)---Rules of evidence would be applicable to proceedings before Rent Controller functioning under Sindh Rented Premises Ordinance, 1979. (d) Qanun-e-Shaliadat (10 of 1984)--- ----Arts. 79 & 84---Mode of proof of document---Scribe and authors of document not examined---Effect---Production of scribe and authors being one of the requirements of law, such documents could be proved even otherwise than production of said witnesses Oanun-e-Shahadat, 1984, being a comprehensive Code, it contemplates numerous modes for proof of documents. (e) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S. 8---Fair rent, determination of---Mode---Factors to be considered--­Quantum of annual value and not the annual value of premises on which property tax was levied would have bearing in fixation of fair rent---Where annual value applicable for levy of property tax was and had been below the prevailing rent in relation to given premises same would be relevant and would have a negative, though like other factors never an exclusive impact in determining fair rent. (f) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 9---Fair rent not fixed for premises in question---Landlord would not be restricted to claiming only 10 per cent per annum increase. Muhammad Jamil v. Muhammad Rahim 1987 CLC 176 and Aqeela Khatoon v.…

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