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Karachi Rent Restriction Act, 1953

Act· 1953· 13 pages
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Summary

The Karachi Rent Restriction Act, 1953 was designed to control rents and protect tenants from arbitrary eviction for residential and non-residential premises in the Karachi Division. Its centrepiece is the definition of "fair rent" in Section 2, which sets out a formula: for buildings constructed before independence (15 August 1947), fair rent is generally tied to what the premises rented for around December 1941 (residential) or December 1942 (non-residential), plus a "permitted increase"; for buildings constructed after independence, fair rent is instead calculated to give the landlord a fixed net return (originally six percent, later increased to eight percent for premises let after October 1959) on the total cost of land and construction.

Section 4 gives a Rent Controller (a judicial officer appointed by the Provincial Government) the power to formally fix the fair rent of a property, and Section 5 allows this to be re-determined when the landlord makes improvements. Section 7 restricts landlords from raising rent beyond what the Act allows, and Section 9 bans charging a fine, premium, "Pagri" or "Mithai" (informal advance payments once common in South Asian tenancies) as a condition for granting, renewing or continuing a tenancy. Section 10 covers eviction of tenants, and Section 11 protects easements attached to the property from being disturbed; contravening Section 11 is itself made an offence under Section 13.

The Act also sets out how disputes are handled: Section 14 allows review of Controller decisions, and Section 15 provides for appeals and revision. Section 22 bars ordinary courts from questioning most Controller decisions, and Section 23 requires the Controller's written sanction before a court can take cognizance of an offence under the Act.

Finally, Section 29 repeals the earlier Sind Rent Restriction Act, 1947 and related enactments that previously governed rents in the area, while Section 25 validates appointments and orders already made under those older laws so they carry over under this Act.

This is an old law (1953) that has been substantially amended since -- a footnote in the text notes that it was repealed for areas outside Karachi's cantonments by a 1962 Ordinance, and rent calculation percentages were changed by a 1962 amendment. Anyone relying on the specific rent formulas, percentages, or currency figures in this Act should check the current official text and any successor Sindh rent legislation, since rent control law in Karachi has moved substantially since 1953.

Key topics

rent controlfair rent calculationlandlord and tenant laweviction protectionKarachi property law

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