| Case ID |
1b10b29f-7436-41d8-8051-9b92c37c63a1 |
| Body |
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| Case Number |
Constitutional Petition No. S-740 of 2009 |
| Decision Date |
Oct 23, 2012 |
| Hearing Date |
Oct 05, 2012 |
| Decision |
The High Court allowed the constitutional petition and remanded the matter back to the Rent Controller, instructing them to provide reasons for fixing the fair rent from the date of the order instead of the date of the institution of the rent case. The court emphasized that while the Rent Controller has discretion, they are required to assign reasons for any decision that deviates from the standard enforcement date of the application. |
| Summary |
In this significant case adjudicated by the Sindh High Court, the petitioner, State Life Insurance Corporation of Pakistan, challenged the decision of the Rent Controller concerning the fixation of fair rent under the Sindh Rented Premises Ordinance. The dispute arose from a petition filed in 1991, where the petitioner sought to establish the fair rent for a showroom leased to Sana Travels. The Rent Controller initially decided on a rent of Rs. 7 per sq. ft. effective from the date of order rather than the application date. The High Court found this approach inconsistent with the Ordinance's stipulations, which generally requires that fair rent be enforced from the date of the application. The Court's decision reinforces the importance of assigning reasons for any deviations in fixing rent dates, ensuring transparency and fairness in rental disputes. This case underscores the legal principles surrounding rental agreements and the responsibilities of Rent Controllers under the Sindh Rented Premises Ordinance, highlighting the balance between landlord and tenant rights. |
| Court |
Sindh High Court
|
| Entities Involved |
State Life Insurance Corporation of Pakistan,
Sana Travels (PVT.) LTD.
|
| Judges |
Sadiq Hussain Bhatti
|
| Lawyers |
Mian Mushtaq Ahmed,
Muhammad Yasin Azad
|
| Petitioners |
State Life Insurance Corporation of Pakistan
|
| Respondents |
another,
Sana Travels (PVT.) LTD.
|
| Citations |
2013 SLD 2476,
2013 YLR 817
|
| Other Citations |
Victor Restaurant v. State Life Insurance Corporation and others 2010 SCMR 745,
Volkat (Pakistan) Ltd. v. Interavia Pakistan Ltd. 2001 SCMR 671,
Masudah Jawad v. State Life Insurance Corporation and another PLD 2007 Kar. 485,
Olympia Shipping Corporation of Pakistan v. State Life Insurance Company of Pakistan 2001 SCMR 1103
|
| Laws Involved |
Sindh Rented Premises Ordinance
|
| Sections |
8(1)
|