Citation Name: 2023 CLC 277 PESHAWAR-HIGH-COURTBookmark this Case SHER AFZAL KHAN vs NOOR ISLAM S

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Citation Name: 2023 CLC 277 PESHAWAR-HIGH-COURTBookmark this Case SHER AFZAL KHAN VS NOOR ISLAM S.4---Fair rent, determination of---Scope---Section 4 pertains to determination of the fair rent, where the Rent Controller on the application of landlord or tenant of any rented premises fixes the fair rent after holding an inquiry, as he thinks fit, however, in no way, the Rent Controller can enhance the rent more than 25% of the rent of building being paid by the tenant on the date of filing of the application under subsection (1) of S. 4---Proviso to subsection (4) of S. 4 is not only lucid, self-explanatory, intelligible, unambiguous but also open to only one interpretation that the jurisdiction of the Rent Controller in enhancement of the agreed rent is only to the extent of 25% and the Rent Controller, in no circumstance, can enhance the rent exceeding 25% of the agreed rent or rent being paid by the tenant on the date of filing of the application---When the legislature has provided the ceiling limit for enhancement/increase of the rent, Rent Controller will have to follow the same and in no case can enhance the rent more than 25% of the rent being paid by tenant on the date of filing of the application. Citation Name: 2023 CLC 277 PESHAWAR-HIGH-COURTBookmark this Case SHER AFZAL KHAN VS NOOR ISLAM When a thing is required to be done in a particular manner, it must be made in that manner and not otherwise. Citation Name: 2023 CLC 277 PESHAWAR-HIGH-COURTBookmark this Case SHER AFZAL KHAN VS NOOR ISLAM S.13---Eviction of tenant---Reconstruction of rented premises---Permission for reconstruction obtained after decision on ejectment petition---Effect---Landlord filed an application for ejectment of tenants under S.13(2)(vi) of the Urban Rent Restriction Ordinance, 1959---Rent Controller dismissed the ejectment application---Appellate Court dismissed the appeal---Validity---Landlord was granted permission for reconstruction much after the decision of the Appellate Court---Case of the landlord did not fall within the ambit of S.13(2)(vi) of the Ordinance---Approval of building plan was neither placed before the Rent Controller nor before the Appellate Court in order to substantiate the contention of the landlord for reconstruction or erection of a new building and the petition under Article 199 of the Constitution could not be held to be continuation of the ejectment application filed before the Rent Controller---Application of landlord was premature, as such, it was rightly dismissed by both the lower fora---Order of ejectment on the ground of reconstruction and good faith could only be passed after holding proper inquiry/trial---Writ petition was dismissed. Citation Name: 2023 CLC 277 PESHAWAR-HIGH-COURTBookmark this Case SHER AFZAL KHAN VS NOOR ISLAM S.13---Eviction of tenant---Reconstruction of rented premises---Scope---No restriction exists for seeking the eviction of the tenant on the ground of reconstruction of the demised premises subject to the conditions as provided in S.13(2)(vi) of the Rent Restriction Ordinance, 1959---No requirement of the law for the landlord to establish that the demised premises are in dilapidated or in dangerous condition because the landlord has a right to improve his property despite the building may not be in dilapidated condition, however, S. 13(2)(vi) has provided a mechanism which manifests that the building or rented land is reasonably and in good faith required by the landlord for reconstruction or erection of a building on the site, and the landlord has obtained necessary sanction for the said reconstruction from the concerned authority for the area where such building or rented land is situated---Section 13(2)(vi) makes it obligatory for the landlord to obtain necessary sanction of reconstruction or erection of new building from relevant authorities at the time of filing of ejection/eviction application or even during its pendency but said provision does not require it to be renewed again and again before starting the actual process of reconstruction.

Citation Name: 2023 CLC 277 PESHAWAR-HIGH-COURTBookmark this Case SHER AFZAL KHAN vs NOOR ISLAM S — 2023 CLC 277 PESHAWAR-HIGH-COURT

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