Case Details

Citation(s)
1991 SLG 1091 1991 SLD 1091 1991 SCMR 1028
Supreme Court of Pakistan
Civil Petitions Nos.311-K to 315-K of 1990, decision dated: 24-09-1990(On appeal from the judgment and order of a learned Single Judge of Sindh High Court at Karachi dated 29-3-1990 in F.RA. Nos. 661, 662, 663, 664 and 665 of 1989)
MUHAMMAD AFZAL ZULLAH, C.J. AND AJMAL MIAN, J

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Mst. MUNEERA KALEEMUDDIN and 4 others

MUHAMMAD MAHMOOD ALAM and others

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--S.8---Constitution of Pakistan (1973), Art.185(3)---Enhancement of rent ordered by Rent Controller unsuccessfully challenged before High Court---Leave to appeal was granted to examine contention of tenants that rent having been increased nearly ten times, same was exorbitant and could not be upheld on the touchstone of any of the considerations specified in S.8, Sindh Rented Premises Ordinance, 1979; that while enhancing rent, it was necessary for Rent Controller to take into consideration all the elements in sub-clauses (a), (b), (c) and (d) of S.8(1) of the Act together and conjunctively and that admission by one of the tenants regarding rate of rent in locality could not be treated as an admission and that too going against one tenant and not all of them---Other questions raised in petition also required examination. Abdul Ghaffar and another v. Mst. Noor Jehan Malik 1988 S C M R 1410 rel. ORDER MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has been sought in these five, petitions tiled by the tenants occupying different flats in the same property against the dismissal by the High Court of their appeals whereby the enhancement of the rent in each case under section 8 of the Sindh Rented Premises Ordinance XVII of. 1979, was brought under challenge but without any success. Learned counsel has inter alia…
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