An Ordinance to make effective provisions for
regulation of relations between landlords and tenants and protect their
interests in respect of rented premises within urban areas
SIND RENTAL PREMISES ORDINANCE, 1979
No. S. Legis. 1(17)/79 The following Ordinance by the
Governor of Sind is hereby published for general information : ---
Whereas it is expedient to make effective provisions for regulation of
relations between landlords and tenants and protect their interests in
respect of rented premises within urban areas;
Now, therefore, in pursuance of the Proclamation of
the fifth day of July, 1977 and the Law (Continuance in Force) Order, 1977,
the Governor of Sind is pleased to make and promulgate the following
1. Short title and commencement.
(1) This Ordinance may be called the Sind Rental
Premises Ordinance, 1979.
(2) It shall come into force at once.
In this Ordinance, unless there is anything repugnant in the subject or
(a) "building" means any building or part thereof,
together with all fittings and fixtures therein, if any, and includes any
garden, garrage, outhouse and open space attached or appurtenant thereto ;
(b) "Controller" means a Controller appointed under
section 4 and includes a person working as Controller immediately before
coming into force of this Ordinance;
(c) "fair rent" means
the fair rent of any premises determined by
the Controller under this Ordinance.;
(d) "Government" means the Government of Sind;
(e) "land" means land or open space, not being
agricultural land or land or open space attached or appurtenant to any
(f ) "landlord" means the owner of the primses and
includes a person who is for the time being authorized or entitled to
receive rent in respect of such premises.
(g) "personal use" means the use of the premises by
the owner thereof or his wife (or husband), son or daughter ;
(h) "premises" means a building or land, let out on
rent, but does not include a hotel;
(i) "rent" includes
water charges, electricity charges and such other charges which are payable
by the tenant but are unpaid;
(j) "tenant" means any person who undertakes or is
bound to pay rent as consideration for the
possession or occupation of any premises by him or by any other pet son on
his behalf and include:: :
(i) any person who continues to be in possession or
occupation of the premises after the termination of his tenancy ;
(ii) heirs of the tenant in possession or occupation
of the premises after the death of the tenant ; and
(k) "urban area" means an area within the
jurisdiction of a Town Com¬mittee, Municipal Committee, Municipal
Corporation or Metropolitan Corporation.
(I) Notwithstanding anything contained in any law for the time being in
force, all premises other than those owned or requisi¬tioned under any law,
by or on behalf of the Federal Government or Provin¬cial Government,
situated within an urban area, shall be subject to the provisions of this
Provided that nothing contained in sections 8 and 9
shall apply to a building for a period of ten years immediately after it has
been wholly built or rebuilt and has become ready for occupation.
(2) Government may, by notification, exclude any
class of premises, or all premises in any area from operation of all or any
of the provisions of this Ordinance.
(1) Government may appoint one or more Controllers in any district and if
more than one Controller is appointed in the same district Government shall
define the local limits within which each of such Controllers shall exercise
Provided that the Controllers working immediately
before coming into force of this Ordinance shall continue to exercise their
respective territorial jurisdiction until it has been altered, by
(2) No person shall be appointed as a Controller
unless he has worked or, has been working, as a Civil Judge or First Class
Magistrate, for not less than three years.
(3) Government may authorize the District Judge or
Deputy Commissioner, to transfer cases from one Controller to another within
5. Agreement between landlord and tenant.
(1) The agreement by which a landlord lets out any
premises to a tenant shall be in writing and if such agreement is not
compulsorily registrable under any law for the time being in force, it shall
be attested by, signed by, and sealed with the seal of, the Controller
within whose jurisdiction the premises is situate or, any Civil Judge or
First Class Magistrate.
(2) Where any agreement by which a landlord lets out
any premises to a tenant is compulsorily registrable under any law for the
time being in force, a certified copy of the registered deed and where the
agreement is not so registrable, the original deed duly attested under
subsection (1), shall be produced and accepted in proof of the relationship
of the landlord and tenant;
Provided that nothing in this section shall affect
any agreement between the landlord and tenant immediately before coming into
force of this Ordinance.
6. Tenure of tenancy.
No tenancy shall, at a time, be valid beyond such period as the landlord and
tenant have, by mutual agreement, fixed before or after the commencement of
Provided that nothing in, this section shall affect
any tenancy existing immediately before coming into force of this Ordinance.
7. Higher rent not
chargeable. No landlord shall charge or
receive rent in respect of any premises, at
the rate higher than that mutually agreed upon by the parties, and, if the
fair rent has been fixed by the Controller in
respect of such premises, at the rate higher than the fair
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
(b) the rise in cost of construction and repair
(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.
(2) Where any addition to or, improvement in, any
premises has been made or any tax, or other public charge has been levied,
enhanced, reduced or withdraw in respect thereof, or any fixtures such as
lifts or electric or other fittings have been provided thereon subsequent to
the determination of the fair rent of such
premises, the fair rent shall,
notwithstanding the pro¬visions of section 9 be determined or, as the case
may be, revised after taking such changes into consideration.
9. Limit of Fair rent.
(1) Where the fair rent of any premises has
been fixed no further increase thereof shall be effected unless a period of
three years has elapsed from the date of such fixation or commencement of
this Ordinance whichever is later.
(2) The increase in rent
shall not, in any case, exceed ten per cent per annum on the existing
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
except the rent, it may he sent to him by
postal money order or, be deposited with the Controller within whose
jurisdiction the premises is situate.
(4) The written acknowledgment, 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
11. Discontinuance of amenities and services.
(1) No landlord shall dis¬continue or cause to be discontinued any service
such as electricity, gas or water, except with the previous consent of the
tenant or in compliance with the requisition of the concerned authority or
after obtaining the direction of the Controller in this behalf.
(2) Where the landlord has discontinued or caused, to
be discontinued any service in contravention of subsection (1), the tenant
may make an appli¬cation to the Controller for restoration thereof.
(3) Where the Controller is, after making such
inquiry as he deems fit, satisfied that the service has been discontinued
without sufficient cause, he shall make an order directing the landlord to
have the service restored within such period as may be specified in the
(4) Where the landlord has failed to comply with the
order of the Con¬troller made under subsection (3), the Controller may take
necessary steps to get the service restored and recover the costs of such
restoration from the landlord.
(5) Where the landlord has contravened the provisions
of subsection (1), he shall be punished with simple imprisonment for a
period not exceeding six months or with fine or with both.
12. Repairs. (1)
Subject to the agreement, if the landlord fails to make such repairs or
white washing as may be necessary to keep the pre¬mises in proper shape, the
Controller may, on application made to him by the tenant and after such
inquiry as the Controller deems fit to make, direct that such repairs or
white washing may be made by the tenant and the cost thereof may be deducted
from the rent payable to the landlord.
(2) Where any authority empowered by a law for the
time being in force has required the landlord to make such repairs within
such period as maybe specified by such authority and the landlord has made
default in this behalf, such authority may require the tenant to make such
(3) Where the tenant has made the repairs as
aforesaid the authority ordering the repairs shall after the verification of
the details of the expenditure incurred by the tenant, certify the cost of
repairs and the tenant may thereupon deduct the amount so certified from the
rent payable to the landlord.
13. Eviction. No
tenant shall be evicted from the premises in his posses¬sion except in
accordance with the provisions of this Ordinance.
14. Delivery of vacant possession.
(1) Notwithstanding anything con¬tained in this Ordinance or any other law
for the 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 be or she
need, 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 subsection shall apply
where more than six months have elapsed since the landlord has retired or
attained the age of sixty years or, as the case may be, has become widow or
(2) Delivery of vacant possession. The landlord shall
not be entitled to avail the benefit of subsection (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 . subsection (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
(4) Where the landlord, who has obtained the
possession of the building under this section, relates the building to any
person other than the previous tenant or puts it to a use other than
personal use within one year of such possession, he shall be punishable with
fine which shall not exceed one year's rent
of the building payable immediately before the possession was so obtained.
15. Application to Controller.
(1) Where a landlord seeks to evict the tenant otherwise than in accordance
with section 14, he shall make such appli¬cation to the Controller.
(2) The Controller shall, make an order directing the
tenant to put the landlord in possession of the premises within such period
as may be specified in the order, if he is satisfied that
(I) the tenancy has ceased to be valid under section
(ii) the tenant has failed to pay
rent in respect of the premises in his
possession within. fifteen days after the expiry of the period fixed by
mutual agreement between the tenant and landlord for payment of the
rent, or in the absence of which agreement,
within sixty days after the rent has become
due for payment;
(iii) the tenant has, without the written consent of
(a) handed over the possession of the premises to
some other person ;
(b) used the promises for the purpose other than that
for which it was let out ;
(c) infringed the conditions on which the premises
was let out;
(iv) the tenant has committed such acts as are likely
to impair the material value or utility of the premises ;
(v) the tenant has indulged in such activities as are
causing nuisance to the neighbours ;
(vi) the premises is required by the landlord for
reconstruction or erection of a new building at the site and landlord has
obtained necessary sanction for such reconstruction or erection from the
authority competent under any law for the time being in force to give such
(vii) the landlord requires the premises in good
faith for his own occu¬pation or use or for the occupation or use of his
spouse or any of his children.
(3) Where the landlord who has obtained the
possession of the premises for the purpose of reconstruction of the building
or erection of a new building shall demolish the existing building within
six months of the taking over of the possession of the premises or, as the
case may be, commence the erection of the new building within two years of
the taking over of the possession of the premises, and in case the landlord
fails to demolish the building as aforesaid, the tenant shall be entitled to
be put into possession of the premises.
15-A. Panalty for use of premises other than
Where the landlord who has obtained the possession of
a building under section 14 or premises under clause (vii) of section 15,
re-lets the building or premises to nay person other than the previous
tenant or puts it to a use dother than personal luse within one year of such
(i) he shall be
punishable with fine which shall not exceed one year’s
rent of the building or the premises, as the
case may be, payble immediately before the possession was so obtained;
(ii) the tenant
who has been
16. Arrears of rent.
(1) Where a case for eviction of the tenant has been
filed, the Controller shall, on application by the landlord and after such
summary inquiry as he deems fit to make, determine the arrears of the
rent due and order the tenant to deposit the
same within such period as the Controller may fix in this behalf and further
direct the tenant to deposit monthly rent
regularly on or before the tenth of every month, until final dis¬posal of
(2) Where the tenant has failed to deposit the
arrears of rent or to pay monthly
rent under subsection (1), his defence shall
be struck off and the landlord shall be put into possession of the premises
within such period as may be specified by the Controller in the order made
in this behalf.
(3) Where the rent has
been deposited under this section, it shall, subject to such order as the
Controller may make in this behalf, be paid to the land. lord at the
conclusion of the case or on such earlier date as may be specified by the
17. Compensation for vexatious eviction.
Where the Controller is satis¬fied that any application made by a landlord
for eviction of the tenant is frivolous or vexatious he may direct that
compensation not exceeding ten times the monthly
rent be paid by such landlord to the tenant.
18. Change in ownership.
Where the ownership of a premises in posses¬sion of the tenant has been
transferred by sale, gift, inheritance or by such other mode, the new owner
shall send an intimation of such transfer in writing by registered post to
the tenant and the tenant shall not be deemed to have defaulted in payment
of the rent for the purpose of clause (ii) of
subsection (2) of section 15, if the rent due
is paid within thirty days from the date when the intimation should, in
normal course, have reached the tenant.
(1) Where an application other than the applications under section 14 has
been made to the Controller under this Ordinance, he shall, unless the
application is summarily dismissed by him for reasons to be recorded, issue
a notice to the respondent to file written reply, if any within such period
mot exceeding fifteen days of the receipt of the notice.
(2) Where on the day fixed in the notice for the
respondent to file written reply, it is found that notice has been served
but the res¬pondent has failed to file his reply without any reasonable
excuse the Controller may, proceed to make an ex parte order and after such
order has been made the Controller shall have no power to rescind such
(3) Where the respondent has filed the written reply,
the Controller shall proceed to receive evidence first of the applicant and
his witnesses and then of the respondent and his witnesses.
(4) A party to a case under this Ordinance shall
prove the evidence of his witness by producing the affidavit of such witness
a copy of which shall simultaneously be supplied to the other party and such
other party shall have the right to cross examine the witness on such
affidavit and if the witness has been cross examined the party producing the
witness may re¬examine him.
20. Power of civil Court. (t) Subject to this
Ordinance, the Controller and the appellate authority shall, for the purpose
of .any case under this Ordinance, have powers of a Civil Court under the
Code of Civil Procedure, 1908 (Act V of 1908), in respect of only the
(a) summoning and enforcing the attendance of any
person and examining him on oath,
(b) compelling production or discovery of documents;
(c) inspecting the site; and
(d) issuing commission for examination of witnesses
21. Appeal. (1) Any party aggrieved by an order, not
being an interim order, made by the Controller may, within thirty days of
such order prefer an appeal to the High Court.
(2) The appellate authority may pending the final
disposal of the appeal, grant injunction staying further proceedings or
action on the order of the Controller:
Provided that no injunction shall be granted if the
appeal has been preferred from the order under section 14.
(3) The appellate authority shall, after perusing the
record of the case and giving the parties an opportunity of being heard and,
if necessary, after making such further enquiry either by himself or by the
Controller, make an appropriate order, which shall be final.
21 – A. All
Appeals filed under this ordinance and pending in the High Court immediately
before the commencement of the Sindh Rented Premises (Amendment) Ordinance,
2001, shall stand transferred to the District Judge having jurisdiction as
provided in Sub-Section (1) of Section 21, for disposal: (Inserted vide
Sindh Rented Premises (Amendment) Ordinance 2001. Sindh Ordinance XIV of
Provided that the appeals as are fixed for judgments
shall be disposed by the High Court.]
22. Execution of orders.
An order made by the Controller or the appellate authority shall be executed
in such manner as may be determined by" the Controller or, as the case may
be, the appellate authority.
23. Judicial proceedings.
The Controller and the appellate authority shall be deemed to be a civil
Court within the meaning of section 480 of the Code of Criminal Procedure,
1898 (Act V of 1898).
24. Cognizance of offence.
No Court shall take cognizance of an offence under this Ordinance except
upon complaint in writing made by the Controller.
No suit or legal proceedings shall lie against Govern¬ment or any authority
or person in respect of anything done or intended to be done in good faith
under this Ordinance.
26. Rules. Government may make rules for carrying out
the purposes of this Ordinance.
may make rules for carrying out the purposes of this Ordinance.
27. Repeal. (1)
The Sind Urban Rent Restriction Ordinance,
1959, is hereby repealed.
(2) All appeals, and such cases before a Controller
as are fixed for arguments or judgment which have been filed under the
Ordinance mentioned in subsection (11 shall, notwithstanding the repeal
thereof, be disposed in accordance with the said Ordinance.
(3) All other cases instituted under the Ordinance
mentioned in sub-section (1) and which immediately before the commencement
of this Ordinance were pending before a Controller shall, notwithstanding
any orders made otherwise by the Controller, be continued and disposed of in
accordance with the provisions of this Ordinance and any proceedings taken
or order made in any such cases as a aforesaid shall for all purpose have
effect as proceedings take or order made under this ordinance.
(4) Notwithstanding the provisions of sub-section 920
all orders made in pursuance thereof and any order made under the Ordinance
mentioned in sub-section (1) in any proceedings before the commencement of
this Ordinance shall be deemed to have effect as an order under this
Ordinance and be executed in accordance with the provisions of Section 22.
[Gazette of Sind, Extraordinary, Part I,
21st November, 1979]