IN
THE HIGH COURT OF SINDH AT KARACHI
C.P.
No.S-343 of 2019
C.P.
No.S-430 of 2019
|
DATE |
ORDER
WITH SIGNATUREs OF JUDGEs |
06.11.2024
Mr.
Manzoor Hameed Arain, advocate for petitioner in CP S-343/2019 & for
respondent in CP S-340/2029
Mr.
Muhammad Sajjad Abbasi,
advocate for respondent in CP S-343/2019 & for petitioner in CP S-340/2029
Ms. Deeba
Ali Jafferi, AAG
-----------------------------------
By
this single order, I intend to dispose of the captioned constitution petitions.
Petitioner Munir Ahmed has called in question order
dated 25.01.2019, passed by learned Additional District Judge-III, Karachi East
in First Rent Appeal No.100/2017, whereby aforesaid Rent Application was
disposed of in the following terms:
“15. In view of above discussion, I am of the
view that the learned trial Court has committed material irregularity while
passing the impugned order and the same requires interference by this Court.
Although respondent has not established her case for the enhancement of rent
but considering appellant’s willingness to pay enhanced rent on account of
respondent’s social responsibilities, for being her widow, the amount of
monthly rent fixed by the learned Rent Controller at the rate of Rs.14,000/- is hereby reduced to Rs.12,000/-, hence both the
above points are replied accordingly.
POINT No.3
16. In view of the findings given on point 1
and 2, instant appeal stands allowed with direction to the appellant to pay
monthly rent at the rate of Rs.12,000/- from the date
of filing of rent application.”
Heard
learned advocate for the petitioner as well as advocate for the respondent and
A.A.G. By consent, these petitions are disposed in the following terms:
Order dated 25.01.2019, passed by learned Additional
District Judge-III, Karachi East in First Rent Appeal No.100/2017 is modified
to the extent that the respondent is entitled to fair rent at the rate of Rs.14,000/- (Fourteen
Thousand) per month in respect of the rented premises in question, however,
from the date of filing of Constitution Petition No.343/2019, which was filed
on 20.02.2019.
Constitution
Petitions Nos.343 and 340 of 2019 are disposed of in the above terms.
J U D G E
Gulsher/PS