| Citation(s) |
|---|
| 1999 SLG 1245 1999 SLD 1245 1999 PLD 322 |
Sindh High Court
First Rent Appeals Nos. 523 and 532 of 1998, decided on 30th April, 1999, Date of hearing: 30th April, 1999.
WAHID BUX BROHI, JUSTICE
G.T. Dherani for Appellant (in F.R.A. No.523 of 1998 and for
Respondent in F.R.A. No.532 of 1998). Zahid Hussain for
Respondent (in F.R.A. No.523 of 1998 and for Appellant in F.R.A. No.532 of 1998).
First Rent Appeals Nos. 523 and 532 of 1998, decided on 30th April, 1999, Date of hearing: 30th April, 1999.
WAHID BUX BROHI, JUSTICE
G.T. Dherani for Appellant (in F.R.A. No.523 of 1998 and for
Respondent in F.R.A. No.532 of 1998). Zahid Hussain for
Respondent (in F.R.A. No.523 of 1998 and for Appellant in F.R.A. No.532 of 1998).
MESSRS MERMAID CONSTRUCTIONS (PVT.) LTD, AND another--AppellantS
VS
STATE LIFE INSURANCE CORPORATION OF PAKISTAN AND another--RespondentS
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)-- ----S. 8---Fair rent, fixation of---Landlord who was ,receiving rent of premises from tenant at the rate of Rs.2.53 per sq. ft. per month, filed application for fixing rent at Rs.16 per sq. ft. per month on grounds that rent of similar premises situated in similar circumstances in same and adjoining locality was about the same as claimed by landlord; that cost of repair and maintenance of premises had increased manifold; that Authorities had enhanced water, conservancy and fire rates/charges and that property tax etc. had been increased Witness of landlord filed affidavit-in-evidence in support of the claim but he could not be cross-examined as counsel for tenant remained absent---Tenant having not filed his affidavit-in-evidence, his side of evidence was closed and Rent Controller fixed rent of premises at Rs.7 per sq. PL. from the date of order by taking into consideration only two grounds viz., rent of similar premises situated in similar circumstances and cost of repair and maintenance of premises---Validity---Affidavit-in-evidence in support of claim of landlord was filed by his witness when Court of Rent Controller was lying vacant and that position continued for about one and half year---Such being the position, no negligence or delay could be attributed to tenant---Tenant, in circumstances, deserved an opportunity to cross-examine witness of landlord and to file affidavit-in-evidence on his side---Rent Controller, while determining rent of premises was required to consider all four factors provided to S.8 of Sindh Rented Premises Ordinance, 1979, but he fixed rent only by taking into consideration two such factors---High Court set aside order of Rent Controller and remanded case to decide the same afresh, allowing tenant to cross-examine witness of landlord and to file his affidavit-in-evidence in rebuttal. Muhammad Ilyas Khan v. Hameeda Sultana Begum 1994 CLC 1129; H. Cooper v State Life Insurance Corporation of Pakistan 1994 SCMR 2115; Sveda Habiba Rizv; v. Muhammad Yameenullah Pervez IVfalik 1995 CLC 1121; Mst. Mehrunnisa v. Muhammad Rafiullah 1995 CLC 202 and Banar'si Silk Cloth v. Mst. Amna Bai 1986…
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