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Citation Name: 2025 PLD 323 KARACHI-HIGH-COURT-SINDHBookmark this Case Master IQBAL vs ANJUMAN JAMA MASJID S — 2025 PLD 323 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 PLD 323 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
PLD
Parties
Citation Name: 2025 PLD 323 KARACHI-HIGH-COURT-SINDHBookmark this Case Master IQBAL vs ANJUMAN JAMA MASJID S
Subject matter
Rent
Provisions referred to
S. 8---Q; 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 PLD 323 KARACHI-HIGH-COURT-SINDHBookmark this Case Master IQBAL VS ANJUMAN JAMA MASJID S. 8---Qanun-e-Shahadat (10 of 1984), Art. 79---Fair rent, fixation of---Factors/conditions to be considered for determination of fair rent---Non-fulfillment of all the conditions for fixation of fair rent---Effect---Power of Rent Controller to fix the fair rent---Scope---Tenants raised objections as to admissibility and production of two rent agreements of the adjacent properties by the respondent in evidence without examining the tenants or attesting its witnesses---Validity---Requirement of Art. 79 of Qanun-e-Shahadat, 1984 comes into play only with a registered document and not to a document or instrument of understanding or acknowledgement---It is not necessary for the landlord to satisfy or fulfill all four conditions while making an order under S.8 of the Sindh Rented Premises Ordinance, 1979, for fixation of fair rent---Upon fulfillment of even one of the conditions Rent Controller is competent to fix the fair rent of a premises since cumulative effect of all four conditions mentioned in the above section is to be kept in mind while fixing the fair rent---It is the exclusive domain of the Rent Controller to fix the fair rent keeping in mind the conditions which include rent paid in similar situation in respect of the properties located in adjoining area apart from rise in cost of construction, repair charges, imposition of new taxes etc., and if the landlord is able to bring home his case with regard to the fixation of fair rent being paid by other tenants in respect of similarly placed properties, the rent paid by those tenants in the adjoining locality would be considered to be the fair rent, which is the essence of S. 8 of the Ordinance.

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