HAQUE TRADERS vs SHEIKH ABID & CO — 2024 PLD 918 SUPREME-COURT

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HAQUE TRADERS VS SHEIKH ABID & CO. PVT. LTD. S. 8---Fair rent, fixation of---Increase in taxes, water charges, cost of construction, repair charges and rate of rent in the same building and locality---Order of the Rent Controller depicted that evidence was adduced by the authorized representative of the landlord to satisfactorily prove the increase in taxes, water charges, cost of construction, repair charges and rate of rent in the same building and locality, and the evidence of such authorized person was not shattered during the cross-examination by the tenants---Landlord claimed to have borne heavy expenditure for the renovation of the building including sanitary work, making two lifts serviceable, and revamping the electricity wiring and such assertions could not be refuted by the tenants in the evidence---On the contrary, the tenants in their cross-examination admitted that since July 1997, they were paying the same rate of rent and that taxes had been enhanced with the passage of time---It was further admitted by them that no receipt or documents were available to show the payment of pugri (goodwill) amount---Landlord's authorized witness, in the affidavit of evidence, jotted down all necessary details including the details of the other tenants in the same building, who had already increased the rent after considering the relevant factors that justified the enhancement of rent including the development work carried out by the landlord---Rent Controller, keeping in mind the criteria provided under Section 8 of the Sindh Rented Premises Ordinance, 1979 ('the Ordinance')for fixation of fair rent, rightly fixed the fair rent of the demised premises at Rs. 9/- per square foot per month payable from the date of application instituted for fixation of fair rent---Impugned judgment of the High Court reflected that at an earlier time, the same landlord filed rent cases against some other tenants of the ground floor of the same building and fair rent was fixed at Rs.9/- per square foot, which order was not only affirmed by the High Court but was also maintained by the Supreme Court and even the review petitions were dismissed---Present petitions filed by the tenants were dismissed and leave was refused.

HAQUE TRADERS vs SHEIKH ABID & CO — 2024 PLD 918 SUPREME-COURT

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