| Case ID |
5136a18f-fe2a-456b-876e-84448fe38645 |
| Body |
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| Case Number |
First Rent Appeal No. 290 of 1992 |
| Decision Date |
Nov 27, 1994 |
| Hearing Date |
|
| Decision |
The appeal is accepted, and the case has been remanded to the learned Controller for fresh disposal. The learned Controller had previously fixed the rent at Rs.700 per month despite evidence that similar premises in the same building were being rented for Rs.1,000. This was deemed arbitrary, as the Controller did not provide sufficient reasoning for his decision, and the appellant's claim for an increase was substantiated by evidence of rising construction costs and taxes. The learned Controller is instructed to resolve the case within one month after receiving the records, and the parties are to bear their own costs. |
| Summary |
In the case of Sindh High Court's First Rent Appeal No. 290 of 1992, the appellant, Mrs. Syeda HABIBA RIZVI, sought an enhancement of rent for premises she owned, currently rented to the respondent, Muhammad Yameenullah Parvez Malik, at a rate that had remained unchanged since 1983. The Rent Controller had fixed the rent at Rs.700 per month despite evidence indicating that similar properties were rented at Rs.1,000. This decision was challenged as arbitrary, with the appellant's counsel arguing that the Controller failed to justify the lower rent despite acknowledging the market rates and rising costs. The court accepted the appeal, emphasizing the need for a fair reassessment of the rent based on the evidence presented. The case highlights the importance of justifying rental decisions in accordance with market trends and legal standards under the Sindh Rented Premises Ordinance, ensuring landlords receive fair compensation for their properties. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MAMOON KAZI, J
|
| Lawyers |
Nisarally,
Anwar Hussain
|
| Petitioners |
Mrs. Syeda HABIBA RIZVI
|
| Respondents |
MUHAMMAD YAMEENULLAH PARVEZ MALIK
|
| Citations |
1995 SLD 1092 = 1995 CLC 1121
|
| Other Citations |
1990 MLD 1711
|
| Laws Involved |
Sindh Rented Premises Ordinance
|
| Sections |
8
|