Citation Name: 2025 MLD 1340 KARACHI-HIGH-COURT-SINDHBookmark this Case M/s Crescent Star Insurance LImited vs Eduljee Dinshaw (Private) LImited S — 2025 MLD 1340 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 MLD 1340 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: MLD
Parties: Citation Name: 2025 MLD 1340 KARACHI-HIGH-COURT-SINDHBookmark this Case M/s Crescent Star Insurance LImited vs Eduljee Dinshaw (Private) LImited S
Subject matter: Criminal
Provisions referred to: S. 8---F; S. 8; Sindh Rented Premises Ordinance

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

Judgment text as reported

Citation Name: 2025 MLD 1340 KARACHI-HIGH-COURT-SINDHBookmark this Case M/s Crescent Star Insurance LImited VS Eduljee Dinshaw (Private) LImited S. 8---Fair rent, fixation of---Commercial area---Production of documents of a building in the vicinity qua enhanced rate of rent and increase in existing taxation---Plea of dilapidated condition of building taken by the petitioner---Rent application filed by the respondent was allowed, whereas, the first rent appeal preferred by the petitioner was dismissed---Validity---Rent Controller determined the fair rent after considering the factors to be enumerated in S. 8 of the Sindh Rented Premises Ordinance, 1979, (Ordinance) and the rent application was not allowed as prayed---Petitioner/tenant had failed to prove that the condition of the building was dilapidated and the rent paid by the petitioner commensurated with the rental value of the property, however, Rent Controller had correctly observed that since the commencement of the tenancy till now there was increase in property tax, utility charges and rental value, which were valid considerations for fixation of fair rent and after application of mind, had fixed the quantum of fair rent---Rent Controller correctly noted that the factors required for consideration of S. 8 of Ordinance did not need to co-exist for enhancement or fixation of monthly rent---Even if the landlord is able to establish a single ground mentioned in S. 8 of the Ordinance, he will be entitled to fixation of fair rent---Respondent had succeeded to establish factors, which entitled him to enhancement of rent, whereas, the petitioner had not made out a case for exercise of writ jurisdiction by the High Court and had been unsuccessful in establishing that the findings of courts below were perverse, arbitrary or capricious---Constitutional petition was dismissed, in circumstances.

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