| Case ID |
f80406b5-7079-4147-9eaa-34c65f3ef47a |
| Body |
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| Case Number |
Const. P. No. S-540 of 2006 |
| Decision Date |
Jun 01, 2007 |
| Hearing Date |
|
| Decision |
The petition was allowed by the Sindh High Court, modifying the decision of the Appellate Court regarding the payment date for fair rent. The High Court determined that the tenant, Mst. Masudah Jawad, should pay the fair rent of Rs. 6,400 per month from the date of the Appellate Court's order, rather than from the date of the institution of the rent application. The High Court emphasized that the determination of fair rent should be based on the facts and circumstances of each case and that no rigid rule exists for payment dates. |
| Summary |
In the case of Mst. Masudah Jawad vs. State Life Insurance Corporation of Pakistan, the Sindh High Court dealt with the constitutional petition concerning the fixation of fair rent under the Sindh Rented Premises Ordinance. The petitioner, a tenant for over 56 years, contested the fair rent fixed by the Rent Controller and the subsequent appeal decision that enhanced the rent to Rs. 6,400 per month from the date of the rent application. The High Court ruled that the fair rent should only be payable from the date of the appellate decision, considering the delays attributed to the landlord in processing the rent application. This case highlights the discretionary powers of the Rent Controller and the importance of timely hearings in rental disputes, ensuring that tenants are not unduly burdened by historical payment obligations. Keywords such as 'fair rent determination', 'Sindh High Court', 'rental disputes', and 'tenant rights' are essential for enhancing the visibility of this case in legal discussions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MOOSA K. LEGHARI, J.
|
| Lawyers |
Mr. Muhammad Hanif Khatana,
Mian Mushtaq Ahmed
|
| Petitioners |
Mst. MASUDAH JAWAD through her Daughter
|
| Respondents |
STATE LIFE INSURANCE CORPORATION OF PAKISTAN, Karachi and another
|
| Citations |
2007 SLD 3059,
2007 PLJ 341
|
| Other Citations |
2001 SCMR 671,
1994 SCMR 2115,
2001 SCMR 1103
|
| Laws Involved |
Constitution of Pakistan, 1973,
Sindh Rented Premises Ordinance, (XVII of 1979)
|
| Sections |
8
|