Minor Acts - Assignment

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MINOR ACTS

Assignment

APRIL 5, 2021
M. ZAIGHAM RAZA
BL-0245
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Sindh Rental Premises Ordinance, 1979


The Sindh Rented Premises Ordinance is a very well drafted law which both tenant and
landlords are taken care of. There is a very reasonable balance between tenant and
landlords. The rights of both subjects are defined and protected and a procedure has been
given therein to enforce these rights from the court of law. Moreover, the restrictions and
the liabilities are fixed upon both subjects so as to protect their respective interest.
The rights, liabilities and restrictions of tenant and landlord are discussed below;
i. Witnesses:
First of all it has been laid out that letting out of premises shall be through written
agreements in presence of witnesses, so as to note down the points agreed between
both parties to avoid future conflict and it shall also be a proof of tenancy
relationship.
ii. Fair Rent:
According to this Ordinance, the landlord shall not charge more rent than the
amount mutually agreed between the parties, so it is clear that landlord can’t
increase the rent which can be very difficult for the tenant to pay. Moreover it is
further explained that upon the application of any party, the rent controller may fix
the rent of Premises by taking into consideration the rent of alike premises,
increase in cost of construction and repair, and imposition of new taxes etc. So by
this provision, a balanced way has been declined to fix rent without prejudice to
any party.
iii. Payment of Rent:
It is further explained that the tenant may pay the rent by the date fixed in the
agreement, if no any date has been fixed then by 10th of every month, and landlord
doesn’t accept the rent it can be sent to him by postal order or be deposited with
the rent controller.
iv. Discontinuance of Services and Amenities:
Landlord can’t discontinue services and amenities arbitrarily , so if that happens
tenant has the right to put an application to the landlord for restoration of services .
v. Eviction:
A procedure has also been defined for eviction of tenants, and tenants are also
been protected from eviction without due course of law. Provisions of eviction are
laid out with a fine balance and ultimately protecting the interests of both parties
such as under section 14 of the act, the landlord may require delivery of vacant
possession of premises for personal use if she is a widow, a salaried employee of
age 60 and due to retire within six months and the minimum notice time is two
months. But however, nothing in this section shall apply where the landlord has
rented out the building after he has retired or become widow or attained the age of
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sixty. And if landlord is in occupation of a building in any locality then he shall


not be entitled to the benefit of this provision.
vi. Application For Eviction By Landlord:
The landlords’ interests have also been protected under section 15 , where
circumstances are described where a landlord can apply for eviction of tenants,
such as default in payment of rent, subletting, change of use of purpose, violation
of terms and conditions, destruction and alternation of premises , illegal and
immoral activities etc.
It can easily be observed that how the rights and interests of both parties are protected
with fine balance and justice and this Statue doesn’t give extra judicial advantage to one
over the other as well as clear methods are prescribed to avoid the conflicts. Therefore, I
believe with support of above reasons that the Sindh Rental Premises Ordinance, 1979
does not need any amendment.

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