1993 CLC 528 KARACHI-HIGH-COURT-SINDH

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Z. SHIRAZEE VS ABDUL QADIR Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----Ss. 2(i) & 15---"Rent"---Definition and scope---eviction of tenant was sought by landlord on ground of non-payment of water, conservancy and betterment taxes by tenant---Tenancy agreement arrived at between parties did not provide that tenant would be liable to pay water and conservancy charges and betterment tax---Tenancy agreement showed that rent payable by tenant was inclusive of water and conservancy charges and all other taxes including Urban Property Tax were to be borne by landlord---Betterment tax which was levied under Sindh Urban Immovable Property Tax Act, 1959 was Urban Property Tax---Landlord had failed to prove that tenant had executed'undertaking according to which tenant had agreed to pay all such charges and taxes---If tenant had agreed to pay water charges, electricity charges and such other charges, in that eventuality such charges and taxes would be treated to be included in "rent" payable by tenant---No statutory liability had been cast on tenant for payment of said charges in absence of any agreement to that effect.