Categories
Property Law

CANTONMENTS RENT RESTRICTION ACT, 1963

Cantonments Rent Restriction Act, 1963 is an Act to make provisions for the control of rent class of buildings within the limits of the cantonment areas and for the eviction of tenants there from. It is expedient to make provision for the control of rents of certain class of buildings within the limits of the cantonment areas, for the eviction of tenants therefrom.

As per definations in the Cantoment Rent Restriction Act, 1963 ‘building’ means any building or part of a building, whether residential or not, together with all fittings and fixtures therein, if any, and includes any gardens, grounds, garages and outhouses attached or appurtenant to such building or part, and vacant land, but does not include any place of religious worship;to.

 

The provisions the of the Cantonments Rent Restriction Act and any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in any instrument or document.

Every application under the Cantonments Rent Restriction Ac shall be filed with the Controller who shall either hear it himself or assign it to an Additional Controller for hearing and disposal.

 

The Controller shall, on an application by the tenant or landlord of building, fix fair rent for such building after holding such enquiry as he may think fit. The fair rent shall be fixed after taking into consideration the factors i.e.  the rent of the same building or similar accommodation in similar circumstances prevailing in the locality at the time of, and during the period of twelve months prior to the date of, the making of the application. In some cases the rise, if any, in the cost of construction and of the repair and maintenance charges as well as changes in the existing taxes after the commencement of the tenancy; and the rental value of the building as entered in the latest assessment list of the Cantonment Board as proposed under Section 72 of the Cantonments Act, 1924 (II of 1924).
The fair rent fixed shall be payable by the tenant from the date to be fixed by the Controller which shall not be earlier than the date of filing of the application.

Every dispute between a landlord and his tenant relating to the increase of rent shall be decided by the Controller. Provided that the Controller shall in no case allow any increase beyond seven and a half per centum of the cost of the addition, improvement or alteration made in the building or, beyond the amount of the additional tax payable by the landlord, as the case may be.

No landlord shall, without just or sufficient cause cut off or withhold any of the amenities enjoyed by the tenant. A tenant in occupation of a building may, if the landlord has contravened the provisions of this section, make an application to the Controller complaining of such contravention. If the Controller, on inquiry finds that the tenant has been in enjoyment of the amenities and that they were cut off or withheld by the landlord without just or sufficient cause, he shall make an order directing the landlord to restore such amenities, or authorising the tenant to provide the same and to incur such expense thereon as the Controller may specify, and any sum so spent by the tenant shall be adjustable against the rent payable by the tenant in respect of that building.

After the commencement of the Cantonments Rent Restriction Act, no tenant, whether before or after termination of his tenancy, shall be evicted from the building in his possession or occupation in execution of a decree passed after such commencement, except in accordance with the provisions of this section. A landlord who seeks to evict his tenant shall apply to the Controller for an order in that behalf, and the Controller may, after giving the tenant a reasonable opportunity of showing cause against the application, make on order directing the tenant to put the landlord in possession, if he is satisfied that the tenant has not paid or tendered the rent to the landlord within fifteen days of the expiry of the time fixed in the agreement of tenancy for payment of rent, or in the absence of such agreement, within sixty days following the period for which the rent is due; or any other order as he deems fit as per law.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

Supreme Court of Pakistan, Islamabad.

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Property Law

Procedure for Transfer of Property in Defence Housing Authority DHA Karachi Pakistan

  1. To apply for transfer of plot in Defence Housing Authority DHA Karachi Pakistan following documents are required to be submitted: –

    1. Covering letter requesting for transfer of a plot with additional three signatures for signing in the presence of Defence Housing Authority Designated Officers. (Specimen attached).
    2. Affidavit on Rs 20/- Stamp Paper (Specimen Attached) duly attested.
    3. Original Allotment Order / Transfer Order / Division Order / Title document.
    4. 1 x Photocopy of CNIC of both parties duly attested.
    5. Undertaking regarding loan / mortgage of plot (specimen attached).
    6. In case only Intimation Letter has been issued, transfer of plot can be undertaken through an application for Issuance of Allotment Order and Cancellation in name of new owners (Specimen attached).
    7. In case of Transfer of plot in the name of more than one owner, a consent letter from all the co-sharers is required to be attached, indicating / mentioning the name and address of the co-sharer on which the correspondence is to be made (Specimen attached).
    8. GHQ NOC, in case of transfer by Army allottee officer.
  2. Ensure all dues on the plot are cleared.
  3. Attach CVT paid proforma for all size of commercial plots and 500 sq yds or above Residential plots.
  4. After ‘Sign Before’ on the transfer documents, the designated officer will return the documents to the transferor.
  5. Once you (transferor) and the buyer (transferee) have completed your transaction for whatever consideration, then the papers may be handed over to the buyer (Transferee).
  6. The Transferee to pay the transfer fee in the Account Branch. The Account Branch Counter will make necessary endorsement on the covering letter.
  7. The buyer (transferee) to deposit the Transfer Documents at the Reception (veranda) and obtain a receipt. The receipt will indicate the date of collection.

NOTES

  1. All fees are subject to change without notice.
  2. Before making out a Pay Order / Bank Draft please find out the outstanding dues and current rate of Fee from Accounts Branch Counter.
  3. In case you desire your case to be processed on urgent basis, on payment of requisite emergent fee, please contact the Director T&R for necessary endorsement before paying the fees / submitting the documents at the counter.
  4. Attestation of Affidavits:
    • Affidavit executed within Karachi (Pakistan) be got attested by Oath Commissioner / Notary Public / Nazim concerned.

    • Affidavit executed outside Karachi (within Pakistan) be got attested by 1st class Magistrate / Nazim concerned.

    • Affidavits executed outside Pakistan be got attested from authorized officer of Pak Embassy abroad or the Consulate General.

  5. The Buyer may check whether the property is clear or not for transfer by paying Rs. 1000/- in cash at account counter. Information will be given the next day.
  6. For Transfer through court, the Transfer papers to be prepared after getting briefing from Administrative Officer.
  7. Officers (from all svcs) who are original allottees of DHA Karachi and desirous of disposing off / tfr their plots have to obtain NOC from GHQ, AG’s Branch (DHA Cell) Rwp.

If you require more information, Feel Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

 

Law Firm based in Karachi having well experienced Advocates and Lawyers in the fields of Real Estate and Property Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582