Dr. SUNIL ANAND HOTWANI vs ABDUL WAKEEL Ss — 2023 CLC 1279 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 1279 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: Dr. SUNIL ANAND HOTWANI vs ABDUL WAKEEL Ss
Subject matter: Rent
Provisions referred to: S. 8; S. 9

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Dr. SUNIL ANAND HOTWANI VS ABDUL WAKEEL Ss. 7, 8 & 9---Higher rent not chargeable---Fair rent---Limit of fair rent---Scope---Section 7 provides that no landlord shall charge or receive rent of the rented premises at the rate higher than that mutually agreed upon by the parties or the fair rent determined by the Rent Controller, as the case may be---Under S.8, the Rent Controller, on the application of the landlord or the tenant, has the power to determine fair rent of the rented premises after taking into consideration the factors specified in the said Section---Subsection (1) of S.9 provides that where the fair rent of any premises has been fixed no further increase therein shall be effected unless a period of three years has elapsed from the date of such fixation---Subsection (2) of S.9 provides that the increase in rent shall not, in any case, exceed ten percent (10%) per annum on the existing rate---Provisions of S.9 clearly show that the fair rent determined by the Rent Controller cannot be increased before three years, but in any other case the rent can be increased up to ten percent (10%) per annum as permitted by and envisaged in subsection (2).

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