Find a Lawyer

HABIB BANK LIMITED versus RAIS AHMED KHAN

ection Section 8 - Proper Rentals, Setting Conditions - Rental Controller Wants to Increase from 25,000 / Month to 5,85,000 / Month - Justification - Landlord, While Not Obligated to Apply Fair Rent The Factors mentioned in Section 8 of the Sindh Rented Premises Ordinance, 1979 - The tenant was given the option of fixing the rent of a property even after the completion of a condition ent. I had the exclusive domain to pay the fair rent, depending on the rent I paid. In addition to the increase in construction cost, in respect of properties located in adjacent areas. Repair Charges and New Taxation Implementation - If the landlord had brought his case in respect of the property held by other tenants in connection with paying the appropriate rent, then pay by the tenants in the adjoining area. Outgoing fares will be considered. \\\ Fair rent - During the rent control, the landlord kept all the events and rental agreements presented by the landlord in relation to the premises while the rent was being settled. - The tenant did not submit a single piece of evidence in defense of the appropriate rent available in the adjoining area. Gaya - The tenant was instructed by the High Court to pay the rent determined by the tenant controller through the tenant on the date of filing the rental application.

PLD 2017 Sindh 542

Before Irfan Saadat Khan, J

HABIB BANK LIMITED—Petitioner

versus

RAIS AHMED KHAN and 6 others—Respondents

Constitutional Petition No.952 of 2016, decided on 24th October, 2016.

Sindh Rented Premises Ordinance (XVII of 1979) —

-—S. 8—Fair rent, fixation of—Conditions—Rent Controller enhanced rent from Rs.25,000/- per month to Rs.5,85,000/- per month— Validity—Landlord, while making a request for fixation of fair rent was not bound to satisfy all the factors mentioned in S.8 of Sindh Rented Premises Ordinance, 1979—Rent Controller was authorized to fix the fair rent of a property even upon fulfilment of one condition— Rent Controller had exclusive domain to fix fair rent keeping in view the rent paid in similar situation with regard to properties located in adjoining area apart from rise in cost of construction; repair charges and imposition of new taxes—If landlord was able to bring home his case with regard to the fixation of fair rent being paid by other tenants in respect of similar placed properties then rent paid by those tenants in the adjoining locality would be considered to be "fair rent"—Rent Controller while fixing the fair rent had taken into consideration all the instances and rent agreements furnished by the landlord with regard to the premises being let out in the vicinity—Tenant had not furnished even a single piece of evidence in his defence with regard to the fair rent available in the vicinity—No infirmity was pointed out in the impugned orders passed by the courts below—Tenant was directed by the High Court to pay rent as fixed by the Rent Controller from the date of filing of rent application—Constitutional petition was dismissed in circumstances. [pp. 548, 550, 551, 555J A, B, C, D & E

Muhammad Farooq v. Muhammad Waheed Siddiqui and 2 others 2013 YLR 2181; Muhammad Farooq v. Abdul Waheed Siddiqui and others 2014 SCMR 630; President Balochistan High Court Bar Association v. Federation of Pakistan and others 2012 SCMR 754 and Messrs Olympia Spinning and Weaving Mills Ltd. and another v. State Life Insurance Corporation of Pakistan 2001 SCMR 1103 ref.

State Life Insurance Corporation of Pakistan v. Habib Safe Deposit Vault (Pvt.) Ltd. 2008 CLC 517; Muhammad Farooq v. Muhammad Waheed Siddiqui and 2 others 2013 YLR 2181; Muhammad Akhtar Saleem and others v. State Life Insurance Corporation of Pakistan and another 2001 SCMR 1314; Abdul Hamid v. Abdul Ghani 1992 MLD 1588; Mst. Mehrunnisa v. Muhammad Rafiullah 1995 CLC 202; Messrs Habib Insurance Co. Ltd. v. Messrs State Life Insurance Corporation of Pakistan Ltd. and another PLD 2006 Kar. 294; Messrs Mermaid Constructions (Pvt.) Ltd. and another v. State Life insurance Corporation of Pakistan and another PLD 1999 Kar. 322; Muhammad Rafiullah v. Mst. Mehrunnisa 1995 MLD 418 and Banarsi Silk Cloth Museum v. Mst. Amna Bai 1986 CLC 1570 distinguished.

Mukhtarul Omar v. Messrs State Life Insurance Corporation of

Pakistan and 2 others 2009 YLR 204; Messrs Rabb Coffee House through Partner v. Muhammad Bakhsh and Sons through Managing Partner and 2 others 2013 MLD 239; Messrs Oceanic International (Pvt.) Ltd. v. Messrs Lalazar Enterprises and others 2009 MLD 911; Singer Pakistan Limited v. Arshad Riaz Fazail and 2 others 2013 CLC 739; Muhammad Afaq v. State Life Insurance Corporation of Pakistan, Karachi and 2 others PLD 2008 Kar. 100; Ittehad Chemicals Limited v. Vllth Additional District Judge, Karachi (South) and 2 others 2010 SCMR 1582; Muhammad Jamil v. Muhammad Rahim 1987 CLC 176; Abdul Ghaffar v. Noor Jahan Malik 1987 CLC 2182; Muhammad Iqbal through L.Rs. and another v. Mst. Fatima Bai and others 2015 MLD 397 and Moinuddin Paracha v. Messrs Novatrtis Pharma Pakistan Ltd. and 2 others 2015 YLR 947 rel.

Khalid Mahmood Siddiqui for Petitioner

Shabbir Ahmed Sheikh for Respondents Nos. 1 to 5.

Nemo for Respondents Nos. 6 and 7.

Date of hearing: 18th October, 2016.

how to become a advocate from Dina lawyer