GULISTAN TEXTILE MILLS LIMITED vs ADDITIONAL DISTRICT AND SESSION JUDGE-VIII S

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

GULISTAN TEXTILE MILLS LIMITED VS ADDITIONAL DISTRICT AND SESSION JUDGE-VIII S. 8(1) & (2)---Rate of rent, determination of---Fair rent of the demised property enhanced by Appellate Court---Validity---Though the Rent Controller while determining fair rent of the premises in question had taken a very conservative view by fixing fair rent at Rs. 10/- per sq. foot, yet the fair rent fixed by the appellate Court was on higher side---Rent Controller and appellate Court were required to provide a cumulative effect of all those factors available under S. 8 of Sindh Rented Premises Ordinance, 1979, subject to availability of evidence though the quantum of inflation and the enhancement of taxation had not been statistically provided in terms of applicability of such claim/charges per sq. foot yet other factors might contribute to the determination of fair rent---Rise in cost of construction had also not been demonstrated statistically---Moreover, it was only presumptive analysis that cost of construction rises with the passage of time, however, the witness was required to provide data of such rising in cost of construction through his affidavit or any expert witness, however it was a difficult assignment but the requirement of law---Said burden could be relieved had appropriate lease deeds of same building or of adjoining building having similar facilities been cited in evidence---Further, it would have been justified for both the landlord and tenant had a deed of lease in respect of same building with same set of facilities was considered, though of the third floor of the building, as it would not have taken away any benefit from any one if yardstick of the said lease deeds was applied to premises in question---Thus, keeping in view quality of evidence available on record the re-determination of fair rent from Rs. 10 to Rs.50 per sq. foot per month by the appellate Court was on higher side and not in consonance with evidence and the fair rent should not have been more than Rs.35/- per sq. foot per month---Appellate Court had also enhanced the rent of the premises by 10% every year after first period of three years was over---Perhaps that was not within the domain and jurisdiction of the Rent Controller exercising jurisdiction under section 8 of Sindh Rented Premises Ordinance, 1979, as the said provision provided only fixation of fair rent on the cumulative effect of four factors i.e. rent of similar premises situated in similar circumstances, in the same or adjoining locality; rise in cost of construction and repair charges; imposition of new taxes, if any, after commencement of the tenancy and the annual value of the premises, if any, on which property tax was levied---Petition was allowed with the modification to the effect that the fair rent of the premises was fixed at Rs. 35/- per sq. foot per month from the date of filing application, in circumstances.

GULISTAN TEXTILE MILLS LIMITED vs ADDITIONAL DISTRICT AND SESSION JUDGE-VIII S — 2024 YLR 16 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 YLR