SINDH RENTED PREMISES

ORDINANCE, 1979

By
Ena Junejo
Additional District & Sessions Judge
Faculty Member, Sindh Judicial Academy
Most Frequently Agitated Disputes

• Fair Rent

• Depositing rent with rent controller

• Eviction under section 14

• Eviction under section 15

 FAIR RENT – CRITERIA
Criteria for determining fair rent (Section 8)

a. 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.
 Rent of similar property

• Rent agreements
• Report/statement of ‘property agent’
• Statement of other tenants/landlords
• Assessment of annual rental income by a
Government Department
 Cost of construction and repair

• Report of experts
• Inflation rate
• Demand and supply of resources
• Approved rate of construction by a Government
Department
• Actual Bills
 Imposition of new taxes
• Legislation/Notification of Government
• Notices of demand
• Payment slips
 Annual value of premises to levy tax

• Legislation/Notification of
Government
• Notices of demand
• Payment slips
 BEFORE RENT CONTROLLER AT KARACHI (EAST) Handouts
Rent Case No. /2017
M. Allah Bachio S/o Noor M. Qureshi, Muslim, adult, resident of House No. A-78 block 6, Gulshan -e-Iqbal, Karachi ……….……….. Applicant
Versus
Nazimuddin S/o Not known Muslim, adult, House No.R-355, Sector 14-A, Shadman Town, North Karachi, Karachi ……………..…. Opponent

APPLICATION UNDER SECTION 8 OF SINDH RENTED PREMISES ORDINANCE 1979

The applicant above named most respectfully begs to submit as under:

1. That the opponent is the tenant of the applicant in respect of tenement of 1st Floor of House No. A-78 Block 6, Gulshan-e-Iqbal, Karachi. It was
agreed between the parties that monthly rent in the sum of Rs.10,000/- (Rupees Ten Thousand Only) excluding all taxes and bills will be paid on the 1st day of
each month.
2. That the aforesaid tenement was initially let out by the landlord in the month of January 1990 at Rs. 6,000/-. In 2000 the monthly rent was
mutually increased from Rs. 6,000/- to Rs.10,000/- (Rupees Ten Thousand Only). At the time of inception of oral tenancy agreement in 1990 the opponent had
paid a sum of Rs. 60,000/- (Rupees sixty Thousand) as deposit.
3. That the existing monthly rent does not match with premises of similar type in same vicinity. Two rent agreements of similar type of premises are
attached and marked as Annexure ‘A’ and ‘B’.
4. That during the last 17 years rate of taxes has been increased about 200%. Copy of last tax paid receipt is annexed as annexure ‘C’. Cost of
construction has been increased up to 400%. Prince index for the last 10 years is attached and marked as annexure ‘D’.
5. That after making demand of increase in rent the opponent’s son started harassment and threatened the applicant and refused to
increase/enhance the rent.
6. That the cause of action firstly occurred on 01-10-2018 when opponent refused to enhance the rent and thereafter it is continuously occurring day
by day till filing of the application.
7. That the premise is situated at P.S. Wahid Colony under the jurisdiction of this Honourable Court.
PRAYER
It is therefore, prayed this Hon’ble court may be pleased to:
Fixe the fair rent of premises under occupation premises of the tenement of Rs. 42,000/- per month.
Cost of the application any other relief(s) of this Hon’ble Court.
 Session 2: Fixation of Fair Rent
Relevant Law
Section 8 of the Sindh Rented Premises Ordinance, 1979
Relevant Case Law
Muhammad Farooq V. Abdul Waheed Siddiqui 2014 SCMR 630
State Life Insurance Corporation of Pakistan v. Plasticrafters (Pvt.) Ltd. 2013 SCMR 1623
Abdul Rehman v. Zia-Ul-Haque Makhdoom 2012 SCMR 954
Tariq Ali Baqar V. New Goodwill Computers 2011 SCMR 554
State Life Insurance Corporation V. Asiatic Enterprises 2016 YLR 2457 Karachi
Iqbal Hussain V. Moazam Zaheer Khan 2016 CLC 1348 Karachi
Muslim Commercial Bank Ltd. V. The Vth Additional District and Sessions Judge 2016 MLD
780 Karachi
Relevant Materials
Handout on the topic [S, CL9, CL10, CL11, CL12, CL13, CL14 and CL15.]
Draft of Application for fixation of Fair Rent, Written reply [FRA 8, FRW 8, FRO 8]
Presentation P/2 Exercise E/2
 Fair Rent (apex court judgments)
• Muhammad Farooq V. Abdul Waheed Siddiqui 2014 SCMR 630
• State Life Insurance Corporation of Pakistan v. Plasticrafters (Pvt.) Ltd. 2013
SCMR 1623
• Ab. Rehman V. Zia-Ul-Haque Makhdoom 2012 SCMR 954
• Tariq Ali Baqar V. New Goodwill Comp. 2011 SCMR 554
• State Life Insurance Corporation V. Asiatic Enterprises 2016 YLR 2457
Karachi
• Iqbal Hussain V. Moazam Z. Khan 2016 CLC 1348 Kar.
• Muslim Commercial Bank Ltd. V. The Vth Additional District and Sessions
Judge 2016 MLD 780 Karachi
 Session 3:
Process of depositing rent with RC
Process of depositing rent with Rent Controller
Relevant Law
Section 10 of the Sindh Rented Premises Ordinance, 1979
Relevant Case Law
Muhammad Amin Lasania V. Ilyas Marine and Associates 2015 PLD 33 SC
Ibrahim Trust, Karachi V. Shaheen Freight Services 2011 PLD 331 SC
Naeem Noor Muhammad V. The Iind Additional District Judge, Karachi South 2017 CLC 626 Karachi
Jiand Rai V. Arjan Das 2016 MLD 116 Karachi
Iqbal Hussain V. Moazam Zaheer Khan 2016 CLC 1348 Karachi
Relevant Materials
Handout on the topic [S, CL16, CL17, CL18, CL19 and CL20.]
Draft application [RDA 10 and RDO 10]
Presentation P/3 Exercise E/3
 Who can file rent application?
What would be the circumstances?
A tenant can file application before rent controller when a
landlord refused or avoided to receive rent.
On refusal the tenant can send rent through money order or
make an application to the rent controller.
Tenant shall send notice to the landlord that the rent has
been deposited with the rent controller
 How to make payment of rent?
10. Payment of rent (1) The rent shall, in the absence of any date fixed in this behalf by
mutual agreement between the landlord and tenant, be paid not later than the tenth of the
month next following the month for which it is due.
(2) The rent shall, as far as may be, be paid to the landlord, who shall acknowledge receipt
thereof in writing.
(3) Where the landlord has refused or avoided to accept the rent, it may be sent to him by
postal money order or, be deposited with the Controller within whose jurisdiction the
premises is situate.
(4) The written acknowledgement, postal money order receipt or receipt of the Controller,
as the case may be, shall be produced and accepted in proof of the payment of the rent:
Provided that nothing contained in this section shall apply in the cases pending before the
Controllers on the commencement of this Ordinance.
 BEFORE RENT CONTROLLER AT KARACHI (EAST) Handouts
Rent Case No. /2017
Nazimuddin S/o Not known, House No.R-355, Sector 14-A, Shadman Town, North Karachi, Karachi …….…. Applicant
Versus
M. Allah Bachio S/o Noor M. Qureshi, resident of House No. A-78 block 6, Gulshan -e-Iqbal, Karachi .……….. Opponent

APPLICATION UNDER SECTION 10(3) OF SINDH RENTED PREMISES ORDINANCE, 1979

The applicant above named most respectfully begs to submit as under:

1. That the applicant is the tenant of the opponent in respect of tenement of 1st Floor of House No. A-78 Block 6, Gulshan-e-Iqbal, Karachi. It was agreed
between the parties that monthly rent in the sum of Rs.10,000/- (Rupees Ten Thousand Only) excluding all taxes and bills will be paid on the 1st day of each
month.
2. That the aforesaid tenement was initially let out by the landlord in the month of January 2000 at Rs. 6,000/-. In 2010 the monthly rent was mutually
increased from Rs. 6,000/- to Rs.10,000/- (Rupees Ten Thousand Only). At the time of inception of oral tenancy agreement in 2000 the opponent had paid a
sum of Rs. 60,000/- (Rupees sixty Thousand) as deposit.
(Copy of the rent agreement is annexed and marked as ‘A’.)
3. That the applicant refused to receive monthly rent and therefore the applicant as to avoid default in payment of rent intend to deposit rent with this
Hon’ble Court. The landlord has been informed by sending a legal notice dated 12-01-2019 .
(Copy of the notice is attached and marked as ‘B’.)
4. That the cause of action firstly occurred on 01-12-2018 when opponent refused to accept the rent and thereafter it is continuously occurring day by day till
filing of the application.
5. That the premise is situated at P.S. Wahid Colony under the jurisdiction of this Honourable Court.
PRAYER
It is therefore, prayed this Hon’ble court may be pleased to allow the applicant to deposit monthly rent with the Nazir of this court.
Karachi.
Dated: 01-01-2019 Advocate for the Applicant
 Application for withdrawal of rent
IN THE COURT OF III RENT CONTROLLER KARACHI (EAST)
M.R.C. No. 34/2012
Ashfaq Hussain S/o Banars Khan---------------------------- Applicant/Tenant/
Versus
Mumtaz Hussain------------------------------------------------- Opponent/Landlord
APPLICATION FOR WITHDRAWAL OF RENT

Most respectfully it is submitted on behalf of the opponent/landlord that this Hon’ble

Court may be pleased to allow the application in hand moved for withdrawal of rent in the
above mentioned MRC. The opponent/landlord is the original landlord of Shop No. 34-D as
such entitle for the rent deposited by the applicant/tenant in the captioned MRC.

Prayed accordingly in the interest of justice

KARACHI
DATED: 28:03:2012 ADVOCATE FOR THE OPPONENT/LANDLORD
 How to maintain deposit record

MRC NO. 34/12

Ledger No. 05/12
Book No. 02
Page No 525
 Session 4:
Summary Procedure for eviction a tenant
Summary Procedure for eviction a tenant from rented premises
Relevant Law
Section 14 of the Sindh Rented Premises Ordinance, 1979
Relevant Case Law
Nasir Ahmed V. Mrs. Zaheer 2004 SCMR 452
Nasir Hamid Qureshi V. Mst. Abbasi Begum 2003 SCMR 1553
Mubarak Ali V. Muhammad Aslam Khan 2016 MLD 1796 Karachi
Muhammad Umar V. The Viith Additional District Judge, Karachi (East) 2016 CLCN 148
Karachi
Relevant Materials
Handout on the topic [S, CL21, CL22, CL23 and CL24]
Draft application filed by landlord for the Eviction of Tenant
Presentation P/4 Exercise E/4
 Delivery of vacant possession S. 14

• Widow
• Minor whose both parent are
Dead
• Salaried person who is going
to retire in six months
• Person going to be sixty years
in next six months
Disposal in summary manner
 Eviction S. 14 (procedure)
14. Delivery of vacant possession (1) Notwithstanding anything contained in this Ordinance or any other law
for the time being in force, the landlord of a building who is a widow, or a minor whose both parents are
dead or a salaried employee due to retire within the next six months or has retired or a person who is due to
attain the age of sixty years within the next six months or has attained the age of sixty years, may, by notice in
writing, inform the tenant that he or she needs the building for personal use and require him to deliver vacant
possession of the building within such time as may be specified in the notice, not being earlier than two months
from the receipt thereof:
Provided that nothing in this sub-section shall apply where the landlord has rented out the building after he
has retired or attained the age of sixty years or, as the case may be, has become widow or orphan.
(2) The landlord shall not be entitled to avail the benefit of sub-section (1) if he is in occupation of a building
owned by him in any locality.
(3) Where the tenant has failed to deliver the possession of the building under sub-section (1), the Controller
shall, on application by the landlord in this behalf, order eviction of the tenant from the building in a summary
manner, by using such force as may be necessary.
 Eviction S. 14 (material evidence)

• Age certificate

• Employment and Retirement proof

• Death certificate
 Trial procedure

Filing application with documentary evidence

• Admission
• Service upon the opponent
• Filing written statement
• Hearing and decision
Or
• Recording evidence of the parties
• Order
Nasir Hamid Qureshi V. Mst. Abbasi Begum (2003 SCMR
1553)

Landlady being of age of more than 60 years through notice required

tenant to vacate premises within 60 days--Contention of tenant was
that such demand could only be made after expiry of clear 60 days
from receipt of the notice ---Validity--Proceedings for ejectment of
tenant had been initiated after expiry of two months---No prejudice,
thus, had been caused to the tenant--Technicalities could not be
resorted to the extent of defeating the process of justice---Two Courts
below and High Court through concurrent findings had upheld the
demand of landlady---Supreme Court dismissed petition and refused
leave.
 Session 5:
Grounds of eviction of tenant in normal curriculum
Relevant Law
Section 15 of the Sindh Rented Premises Ordinance, 1979
Relevant Case Law
Combined Investment (Pvt.) Ltd. V. Wali Bhai 2016 PLD 730 SC
Carpet Centre V. Mustafa Farabi Tapu Javeri 2016 SCMR 1926 SC
Muhammad Amin Lasania V. Ilyas Marine and Associates 2015 PLD 33 SC
Muhammad Fareed V. Naushad Ali 2017 YLRN 63 Karachi
Muhammad Iqbal V. Muhammad Suleman Jameel 2017 YLR 1511 Karachi
Bright link Mobile Phone and Accessories V. Muhammad Qamar Ghani 2017 PLD 409 Karachi
Mrs. Shahida V. Vii-Additional District Judge, Karachi 2017 YLR 1221 Karachi
Najma Sultana V. Anjuman Jamiat-Ul-Akhwan 2017 YLR 164 Karachi
Nisar Ahmed Sheikh V. Viith Additional District and Sessions Judge, District South 2017 MLD 605 Karachi
Mohd. Yahya Mohd. Yousuf Bari V. Roomana Yousuf Ali 2017 CLC 676 Karachi
Naeem Noor Muhammad V. The IInd Additional District Judge, Karachi South 2017 CLC 626 Karachi
Usman Khan V. Muhammad Nazim 2017 MLD 770 Karachi
Javed Tasneem V. Maqbool Ahmed Bhatti 2017 YLRN 68 Karachi
Brightlink Mobile Phone and Accessories V. Muhammad Qamar Ghani 2017 PLD 409 Karachi
Nisar Ahmed Sheikh V. VIIth Additional District and Sessions Judge, District South 2017 MLD 605 Karachi
Habib Hashim V. Mrs. Zaheer 2016 CLCN 51 Karachi
Javaid Iqbal V. Khawaja Abdul Jalil 2016 YLR 2347 Karachi
Nasurallah Odhano V. Nazir Ahmed 2016 YLR 1288 Karachi
Habib Hashim V. Mrs. Zaheer 2016 CLCN 51 Karachi
Mudasir Illahi V. Farooque Ahmed Khan 2016 CLC 1871 Karachi
Tanveer Ahmed Malik V. Ix-Senior Civil Judge and Rent Controller, Karachi East 2016 YLRN 48 Karachi
Mudasir Illahi V. Farooque Ahmed Khan 2016 CLC 1871 Karachi
Aziz Darugar V. Israfeel And Sons 2016 CLCN 149 Karachi
Relevant Materials
Handout on the topic [S, CL25, CL26, CL27, CL28, CL29, CL30, CL31, CL32, CL33, CL34, CL35, CL36, CL37, CL38, CL39, CL40, CL41, CL42, CL43, CL44, CL45, CL46 and CL47]
Draft of the Grounds of Eviction of Tenant in normal Curriculum
Presentation P/5 Exercise E/5
 Eviction under section 15

Default in payment, sub-let, used for other

purpose, infringed the condition, impair the
value of the premises, nuisance to the neighbor,
reconstruction of the building, personal use etc
Evidence & Trial

• What Evidence is required?

• Trial Procedure
• Filing of Application
• Written statement
• Filing of Affidavit in Evidence
• Cross examination of the parties
• Arguments
• Judgment/Order
Application under section
16 SRPO 1979
 Relationship (case law)
• Combined Investment (Pvt.) Ltd. v. Wali Bhai 2016 PLD 730 SC
• Nisar Ahmed Sheikh V. VIIth Additional District and Sessions Judge, District South 2017
MLD 605 Karachi
• Mrs. Kathleen M. Afzal V. Moiz Sabuwalla 2017 MLD 1137 Karachi
• Brightlink Mobile Phone and Accessories V. Muhammad Qamar Ghani 2017 PLD 409
Karachi
• Standard Chartered Bank (Pakistan) Ltd. V. Additional District Judge-VIIth South, Karachi
2016 YLR 1750 Karachi
• Abdul Majeed Anjum V. Abida Parveen 2016 MLD 1509 Karachi
• Habib Hashim V. Mrs. Zaheer 2016 CLCN 51 Karachi
• Muhammad Yaseen V. Nizamuddin 2016 MLD 358 Karachi
THANKS !