| Case ID |
47ccad69-cb20-426e-8246-071833c11fba |
| Body |
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| Case Number |
Civil Petition No. 171-K of 1997 |
| Decision Date |
Jan 02, 1998 |
| Hearing Date |
Jan 02, 1998 |
| Decision |
The Supreme Court granted leave to appeal to determine whether the existence of all factors specified in section 8 of the Sindh Rented Premises Ordinance, 1979, is essential for the determination of fair rent by the Rent Controller. The court also considered whether the High Court was justified in fixing the fair rent of the premises from Rs.36.75 per month to Rs.4,000 per month. The case revolves around the assessment of fair rent and various economic factors influencing rent determination. The court found that the High Court's decision to adjust the rent was not based on the necessary statutory factors, leading to a substantial increase in the rental amount. |
| Summary |
In this case, the Supreme Court of Pakistan addressed the critical issue of fair rent determination under the Sindh Rented Premises Ordinance, 1979. The petitioner, NABIB INDUSTRIES (PVT.) LTD., contested the High Court's ruling that raised the monthly rent from Rs.36.75 to Rs.4,000 based on claims made by the landlord, the STATE LIFE INSURANCE CORPORATION OF PAKISTAN. The court's focus was on the interpretation of section 8 of the Ordinance, which outlines the factors necessary for the Rent Controller to consider when establishing fair rent. The decision highlighted the importance of economic conditions and the need for a comprehensive evaluation of all relevant factors before adjusting rent amounts. The ruling underscores the balance needed between landlords' rights and tenants' protections in rental agreements. This case reflects broader themes of property rights, economic justice, and the legal frameworks governing rental properties in Pakistan, making it a significant point of reference for future cases related to tenancy and fair rent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
MAMOON KAZI
|
| Lawyers |
Badrudduja Khan,
Siddiq Mirza,
A.A. Siddiqui
|
| Petitioners |
NABIB INDUSTRIES (PVT.) LTD.
|
| Respondents |
STATE LIFE INSURANCE CORPORATION OF PAKISTAN
|
| Citations |
2000 SLD 981,
2000 SCMR 1413,
2000 SLD 1394
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan (1973)
|
| Sections |
8,
185(3)
|