85/2014 Const. P. CH: MUHAMMAD SHAFIUDDIN (Petitioner) V/S MUHAMMAD ATEEQUE & OTHERS (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 28-FEB-18
Section 8 provides determination of rent when all four or any one of them may exist. At times it is a cumulative effect of all four ingredients that may be taken in to consideration. One factor out of four may negate or cut off the effect of the other factor and hence it is the respective burden which is supposed to be discharged by the parties for having cumulative effect. If a party relying on any of the four factors of having negative effect, does not discharge burden, it does not restrict Rent Controller to pass order in determining fair rent on the basis of evidence on available factors. Once a fair rent is determined it cannot be said that it cannot be re-determined again under section 8 of Sindh Rented Premises Ordinance, 1979, if the circumstances so warrants. There may or may not be fluctuation in the four ingredients after first determination under section 8 of Sindh Rented Premises Ordinance, 1979 and hence could also be invoked subsequently by the parties if the circumstances so required. However, once the fair rent is determined, the provisions of section 9 would then be applicable with its limitations i.e. the first increase over and above fair rent should not be before three years and that too may not be in excess to 10% per annum and the future rent was also subject to the provision of Section 9(2) of Sindh Rented Premises Ordinance, 1979 and hence the provisions of section 9(2) with its limitation would apply to fair rent and was ordered accordingly by the Rent Controller. Rent Controller applied the provision as required under section 9 of Sindh Rented Premises Ordinance, 1979Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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