ABDUL GHAFFAR Versus NOOR JEHAN MALIK

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ These two petitions involve Two tenants in residential flats have brought under challenge judgment of the High Court of Sind dated 4‑3‑1987, whereby orders of a learned Rent Controller fixing fair rent under section 8 of the Sind Rented Premises Ordinance (XVII of 1979) and thus increasing the monthly rent in each case from less than Rs.200 to Rs.900 per mensem, were affirmed and the petitioners' appeals were dismissed.

2. Learned counsel has relied on section 8 of the Ordinance wherein the conditions for determining fair rent are specified as Clauses (a) to (d) of subsection (1) thereof, which read as follows:

3. "8. Fair rent.‑‑(1) The Controller shall, on application by the tenant or landlord determine fair rent of the premises after taking into consideration the following factors:‑

(a) the rent of similar premises situated in the similar circumstances, in the same or adjoining locality;

(b) the rise in cost of construction and repair charges;

(c) the imposition of new taxes, if any after commencement of the tenancy; and

(d) the annual value of the premises if any, on which property tax is levied.

4. (2)

5. The perusal of both the impugned judgments shows that at best it can be said that the considerations required to be taken note of in Clauses (a) and (b) have not been ignored but those in Clauses (c) and (d) have not been given due attention.

6. Questions raised in support of these petitions are of first impression. We accordingly grant leave to appeal.

7. Security Rs.1.000/‑ in each case.

8. Learned counsel states that the petitioners are already depositing the rent at enhanced rate; and further concedes, that Rs.500 per mensem in each case, may be allowed to be withdrawn by the landlord as tentatively determined fair rent, but the remaining amount should not be withdrawn by the landlord.

9. The offer is fair. We order accordingly. The remaining amount lying in deposit shall be invested in Khas Deposits. The disposal of the principal amount invested and the income shall be subject to the orders of this Court.

10. M.I./A‑236/S Leave granted.