| Case ID |
1756beba-08fe-4046-b579-2dab76e05dc4 |
| Body |
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| Case Number |
Constitutional Petition No. S-539 and C.M.A.No. 35 |
| Decision Date |
Jan 15, 2008 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Muhammad Afaq challenging the decision of the rent control authorities regarding the fixation of fair rent. The court found that the lower courts had correctly assessed the evidence and reached a concurrent finding of fact that the rent was significantly lower than the market rate. The court emphasized that under Section 8 of the Sindh Rented Premises Ordinance, it was sufficient for the landlord to satisfy any one of the four conditions for fair rent fixation. The decision of the lower appellate court to set the rent at Rs.40 per square foot was upheld, as it was based on substantial evidence indicating that similar properties in the area commanded higher rents. The petitioner's arguments regarding the illegality of the order were dismissed, and the court reiterated its limited jurisdiction in constitutional matters regarding factual determinations made by lower courts. |
| Summary |
This case revolves around the fixation of fair rent under the Sindh Rented Premises Ordinance, where Muhammad Afaq, the tenant, contested the decision of the Rent Controller and the Additional District Judge. The landlord argued that the existing rent of Rs.300 per month was significantly lower than the market rate of Rs.50 per square foot for similar premises in a commercial area. The Rent Controller initially increased the rent by 10%, but upon appeal, the Additional District Judge set the fair rent at Rs.40 per square foot. The High Court dismissed the petition, affirming the lower courts' concurrent findings and emphasizing that only one condition under Section 8 of the Ordinance needs to be met for rent fixation. The case highlights the principles of rent control, tenant rights, and the judicial process in resolving disputes related to property rent. Key terms include 'fair rent', 'rent control', 'Sindh Rented Premises Ordinance', and 'constitutional petition'. |
| Court |
Sindh High Court
|
| Entities Involved |
STATE LIFE INSURANCE CORPORATION OF PAKISTAN, Karachi
|
| Judges |
ARSHAD NOOR KHAN, J
|
| Lawyers |
Muhammad Ashraf Khan Mughal for Petitioner.,
Zahid Hussain for Respondent No. 1.,
Nemo for Respondents Nos. 2 and 3.
|
| Petitioners |
MUHAMMAD AFAQ
|
| Respondents |
2 others,
STATE LIFE INSURANCE CORPORATION OF PAKISTAN, Karachi
|
| Citations |
2008 SLD 2678,
2008 PLD 100
|
| Other Citations |
Utility Stores Corporation of Pakistan Ltd. v. Punjab Labour Appellate Tribunal and others PLD 1987 SC 447,
Mian Fazal Elahi v. Additional District Judge and another PLD 1988 Lah. 239
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan (1973)
|
| Sections |
8,
199
|