Law:

Section:

Sindh Rented Premises Ordinance (XVU of 1979)-------Ss. 8, 9 & 21---Application for enhancement of rent of premises by landlord from Rs. 79 to Rs.840 per month---Rent Controller dismissing such application but fixing fair rent of premises by enhancing the same by 30 per cent. at Rs.103 per month---Validity---Landlords had not led any specific evidence to substantiate their claim in terms of S.8, Sindh Rented Premises Ordinance, 1979---Limit upon increase in rate of rent, prescribed by S. 9 of the Ordinance, however, could not be attracted where determination of fair rent was undertaken for the first time---Pre-condition for application of S. 9 of the Ordinance like S.8(2) thereof was that fair rent of premises should have been fixed earlier--­Where fixation of fair rent was sought for the first time, limit prescribed by S. 9 of the Ordinance would not be applicable---Landlords failed to show any other factor to warrant increase in amount of rent paid by tenant---Tenant's statement in Court that he was ready and willing to pay rent fixed by Rent Controller was quite fair in circumstances---Order passed by Rent Controller was accordingly maintained. Muhammad Jameel v. Muhammad Rahim 1987 CLC 176; Amanullah Khan v. Mehar Elahi and others 1992 CLC 739 and Abdul Ghaffar v. Noor Jehan Malik 1987 CLC 2182 ref. JUDGMENT Aggrieved by Order, dated 7th February, 1993 Passed by VIIIth Senior Civil Judge, Karachi in Rent Case No. 191 of 1988, the appellant landlords have filed this appeal. The appellants had initiated proceedings through application under section 8 of the Sindh Rented Premises Ordinance, 1979 hereinafter referred to as the Ordinance against the respondent for fixation of fair rent in respect of office premises bearing No.23 situated in third floor of the building known as Masood Chamber' on Plot No.W.O. 6/23 Madhumal Quarters. M.A. Jinnah Road, Karachi. The enhancement of rent has been sought from the present rate of Rs.79 per month to Rs.840 per month. The area of subject/premises is ' 10 x 12' . The enhancement of rent was sought on the grounds that the building in question is looked on one of the main arteries of the city being M.A. Jinnah Road in a…

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