| Citation(s) |
|---|
| 2006 SLG 3051 2006 SLD 3051 2006 PLD 294 |
Sindh High Court
Mazhar Imtiaz Lari for Petitioners (in C.Ps.Nos. 152 nd 153 of 2005) and for Respondents (in C.Ps. No. 256 and 257 of 2005)., DATE of hearing: 31st January, 2006, Constitutional Petitions Nos. 152, 153, 256 and 257 of 2005, decided on 27th February, 2006
SAJJAD ALI SHAH, J
Mazhar Imtiaz Lari for Petitioners (in C.Ps.Nos. 152 nd 153 of 2005) and for
Respondents (in C.Ps. No. 256 and 257 of 2005). Mian Mushtaq Ahmed for
Respondents (in C.P. Nos. 152 and 153 of 2005) and for Petitioners (in C.P. Nos. 256 and 257 of 2005).
Mazhar Imtiaz Lari for Petitioners (in C.Ps.Nos. 152 nd 153 of 2005) and for Respondents (in C.Ps. No. 256 and 257 of 2005)., DATE of hearing: 31st January, 2006, Constitutional Petitions Nos. 152, 153, 256 and 257 of 2005, decided on 27th February, 2006
SAJJAD ALI SHAH, J
Mazhar Imtiaz Lari for Petitioners (in C.Ps.Nos. 152 nd 153 of 2005) and for
Respondents (in C.Ps. No. 256 and 257 of 2005). Mian Mushtaq Ahmed for
Respondents (in C.P. Nos. 152 and 153 of 2005) and for Petitioners (in C.P. Nos. 256 and 257 of 2005).
Messrs HABIB INSURANCE CO. LTD.
VS
Messrs STATE LIFE INSURANCE CORPORATION OF PAKISTAN LTD. and another
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 8---Fixation of fair rent---Applicant/landlord seeking fixation of fair rent of premises in question, had filed affidavit-in-evidence and produced various documents showing increase of taxes, increase in repair and maintenance charges and also prevailing rent of similar premises situated in similar circumstances in same and adjoining locality---Submission of tenant that landlord had failed to 'prove all the four factors as reflected in S.8 of Sindh Rented Premises Ordinance, 1979, was without any substance as absence of any of the factors would not, in any case, prejudice the case of landlord seeking fixation of fair rent---Landlord had placed on record sufficient evidence to establish that rent in same building was being charged at the rate of Rs.10 per sq. ft. per month, whereas rent of a premises situated on third floor of same building was being charged at the rate of Rs.8.57 per sq. ft. per month as fixed by High Court and upheld by the Supreme Court---Rent of premises was fixed Rs.8.57 per sq. ft. per month payable to landlord from the date as fixed by Rent Controller in its order. Habib Bank Ltd. v. Anis Ahmad and others 1996 SCMR 1329 and Messrs Olympia Spinning and Weaving Mills Limited v. State Life Insurance Corporation of Pakistan Limited 2001 SCMR 1103 ref. (b) Qanun-e-Shahadat (10 of 1984)---- ---Art. 73---Evidence---Appreciation of evidence---Where evidence was led by filing affidavit-in-evidence, the documents filed along with such affidavit, were always exhibited in the affidavit by the person filing such affidavit-in-evidence---Primarily, it was for the Court to examine the witnesses producing such documents and to exhibit the documents so produced and/or to refuse production of those documents which otherwise could not be produced in accordance with law---If such an exercise was not carried out by the Court, then it was for the adversary to challenge veracity of any document during cross examination; or ask for production of its original; and if no such objection was raised then it would lead to conclusion that production and/or genuineness of the document or its contents were not…
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