ALAY JAVED ZAIDI vs HABIBULLAH S — 2024 SCMR 781 SUPREME-COURT

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ALAY JAVED ZAIDI VS HABIBULLAH S. 8---Fair rent, fixation---Four factors to be considered by the Court provided under section 8 of the Sindh Rented Premises Ordinance, 1979 ('the Ordinance')---It is not necessary for a landlord to prove hike in respect of all four factors as detailed in section 8 of the Ordinance---Moreover it is not necessary that all these four factors must co-exist in each and every case seeking fixation of fair rent, rather one or two grounds are sufficient. Citation Name: 2024 SCMR 781 SUPREME-COURTBookmark this Case ALAY JAVED ZAIDI VS HABIBULLAH Ss. 8, 15 & 18---Change of ownership---Intimation of such change to the tenant---Substantial compliance of section 18 of the Sindh Rented Premises Ordinance, 1979 ('the Ordinance')---Scope---Institution of an application for determination of fair rent by the new landlord under section 8 of the Sindh Rented Premises Ordinance, 1979 would be deemed to be sufficient intimation to the tenant regarding change of ownership i.e. substantial compliance of the provisions of Section 18 of the Ordinance---Even institution of application for eviction would be deemed to be substantial compliance of the provisions of Section 18 of the Ordinance. Citation Name: 2024 SCMR 781 SUPREME-COURTBookmark this Case ALAY JAVED ZAIDI VS HABIBULLAH Ss. 15 & 18---Change of ownership---Willful default by tenant in payment of rent---Scope---Despite acquiring knowledge about the change of ownership of subject tenement, the petitioner (tenant) avoided/neglected/refused to pay the rent to the respondent (new owner) rather he continued to deposit the rent amount in the name of previous landlady in the Court of the Rent Controller Karachi which constituted a willful default on the part of petitioner (tenant)---Petition filed by tenant was dismissed.

ALAY JAVED ZAIDI vs HABIBULLAH S — 2024 SCMR 781 SUPREME-COURT

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