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---Approach to be adopted by the Rent Controller at the time of fixation of fair rent---Multiple parameters and benchmarks have been fixed in the Sindh Rented Premises Ordinance, 1979 ('the Ordinance') for the assistance of the Rent Controller which he must watch out for and mull over at the time of fixing fair rent of any rented premises in his jurisdiction---There is no standardized formula of "one-¬size-fits-all" or any other orthodox method which can be applied across the board or universally for every rented premises but each rented premises has its own features such as its location, property category and size, parallel rent statistics, and distinctiveness, therefore, the Rent Controller is obligated to follow, with a conscious approach, the yardstick/indicators provided under Section 8 of the Ordinance for determination of fair rent with regard to such particular rented premises for which an application has been made before him for determination of fair rent---It is not the intent of the legislature that at the time of fixing fair rent by the Rent Controller for any premises, the litmus test of all constituents and characteristics provided under Section 8 of the Ordinance should be present in unison or conjointly, but such conditions are provided as a yardstick which are required to be considered by the Rent Controller---Opposing party cannot claim that all conditions should work together or be congregated with strict proof on the touchstone of conditions word by word, but, if one or two grounds are proved satisfactorily and others are not, even in that set of circumstances, the Rent Controller may fix the fair rent proportionately and equitably, being mindful to the proven grounds; but cannot decline the application on the ground that the applicant has failed to prove or substantiate all preconditions as sine qua non for fixation of fair rent as provided under Section 8 of the Ordinance.

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

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