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1991 SCMR 1028

Mst. MUNEERA KALEEMUDDIN And 4 Others vs MUHAMMAD MAHMOOD ALAM

Citation1991 SCMR 1028
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos.311-K to 315-K of 1990
Date1990-09-24
Judge(s)Muhammad Afzal Zullah, Ajmal Mian
ResultLeave granted

ORDER

1. MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has been sought in these five, petitions tiled by the tenants occupying different flats in the same property against the dismissal by the High Court of their appeals whereby the enhancement of the rent in each case under section 8 of the Sindh Rented Premises Ordinance XVII of. 1979, was brought under challenge but without any success.

2. Learned counsel has inter alia contended that in some of the present cases the rent has been increased nearly 10 times. This, according to him, is exorbitant and as argued could not be upheld on the touchstone of any of the considerations specified in section 8. He, however, further contended that while enhancing the rent it was necessary for the learned Rent Controller to take into consideration all the elements in sub-clauses (a), (b), (c) and (d) of subsection (1) of section 8, together and, conjointly. In this behalf he has relied on an earlier leave granting order reported as Abdul Ghaffar and another v. Mst. Noor Jehan Malik (1988 SCMR 1410).

3. Regarding the admission made by one of the present petitioners regarding the rate of rent in the locality, learned counsel contended that this could not be treated as an admission and that too going against one tenant and not all of them, subject however to foregoing contention.

4. These and other questions raised in these petitions require examination. Leave to appeal is accordingly granted.

5. Security Rs.5,000 in each case.

6. The stay order already passed shall continue in operation.

Cited by 2 cases

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