{ "schema_version": "qanun-law-text/1", "id": "pk-code-918bf20351ffb640", "title": "Karachi Rent Restriction Act, 1953", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-ap%2BZaw%3D%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "e601674f8aa1a28a4df407b6003585163df7f540289d9beb8958461b7c3e2e53", "source_sha256": "e601674f8aa1a28a4df407b6003585163df7f540289d9beb8958461b7c3e2e53", "text_version_id": "law:pk-code-918bf20351ffb640:sha256:e601674f8aa1a28a4df407b6003585163df7f540289d9beb8958461b7c3e2e53", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 13 \r\n \r\n \r\n \r\n \r\n \r\nTHE KARACHI RENT RESTRICTION ACT, 1953 \r\n \r\n \r\n \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n4. Rent Controller to fix fair rent \r\n5. Re-determination of fair rent when improvements made \r\n6. Repairs by tenant \r\n7. Restriction on raising rent \r\n8. Increase of rent on account of payment of rates excepted \r\n9. Fine, premium, Pagri or Mithai not to be charged for grant, renewal or continuance of \r\ntenancy \r\n10. Eviction of tenant \r\n11. Easement not to be disturbed \r\n12. Controller may determine fair rent in certain cases \r\n13. Punishment for contravention of the provisions of section 11 \r\n14. Review \r\n15. Appeals and revision \r\n16. [Omitted] \r\n17. [Omitted] \r\n18. Execution of orders \r\n19. Controller may require information to be furnished and summon witnesses \r\n\r\n \r\nPage 2 of 13 \r\n \r\n20. Use of force in certain cases \r\n21. Control of Provincial Government \r\n22. Bar of jurisdiction \r\n23. Cognizance of offence \r\n24. Act does not permit increase of rent if not otherwise permissible \r\n25. Validation of appointments and Acts \r\n26. Effect of provisions inconsistent with other enactments \r\n27. Rules \r\n28. Savings \r\n29. Repeal \r\n \r\nPage 3 of 13 \r\n \r\nTHE KARACHI RENT RESTRICTION ACT, 1953 \r\n1ACT NO. VIII OF 1953 \r\n[15th April, 1953] \r\nAn Act to make certain provisions regarding accommodation, whether residential or non-residential \r\nfurnished or unfurnished, in the 2[Karachi Division]. \r\nWHEREAS it is expedient to make certain provisions regarding accommodation, whether \r\nresidential or non-residential, furnished or unfurnished, in the 2[Karachi Division], and in particular \r\nto provide for controlling the rents chargeable for such accommodation and for preventing eviction \r\nin certain cases ; \r\n It is hereby enacted as follows:___ \r\n 1. Short title, extent and commencement.___ (1) This Act may be called the Karachi Rent \r\nRestriction Act, 1953. \r\n (2) It extends to the 2[Karachi Division]. \r\n (3) It shall come into Force at once. \r\n 2. Definitions. ___In this Act, unless there is anything repugnant in the subject or context,___ \r\n 3[(1) “Controller” means a judicial officer who is appointed by the Provincial Government to \r\nperform the functions of a Controller under this Act; ] \r\n (2) “fair rent” means___ \r\n(a) in relation to residential premises constructed before the 15th day of August, \r\n1947,___ \r\n(i) the rent at which the premises were let on the first day of December \r\n1941, or where they were not let on that date, the rent at which they \r\nwere last let before that date, with the addition, in neither of the \r\nforegoing cases, of the permitted increase ; or \r\n(ii) in the case of any premises let under a lease for a period of five years \r\nor upwards commencing on or before the first day of January 1937, \r\nwhich has expired after the first day of December 1941, the rent fixed \r\nby such lease for the period including the first day of December, 1941, \r\nwith the addition of the permitted increase ; or \r\n \r\n \r\n1The Chief of Karachi has been authorised to exercise the powers and discharge the functions of the Central Government under section 2 (4) (b) (i) and \r\nsection 3 of this Act, see Gaz. of P., 1953, Pt. I, p. 176. \r\nThis Act has been repealed in its application to areas other than Cantonment areas by the West Pakistan Ordinance No. 38 of 1962, s. 3 (1) (with effect \r\nfrom the 1st July, 1963), see Gazette of West Pakistan, 1963, Ext., P. 2889. \r\n2Subs. by A.O., 1964, Art. 2 and Sch. \r\n3Subs. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, s. 2. \r\n \r\nPage 4 of 13 \r\n \r\n(iii) in any of the cases specified in section 12 such rent, as having regard \r\nto the provisions of this Act and the circumstances of the case, the \r\nController deems just; or \r\n(iv) in any other case, such rent as may be determined by the Controller \r\nhaving due regard to the prevailing rates of rent for the same or similar \r\naccommodation in similar circumstances during the twelve months \r\nprior to the first day of December 1941, and the permitted increase, \r\nand in the case of any premises which have been constructed after that \r\ndate, also to any general increase in the cost of sites and building \r\nconstruction ; \r\n(b) in relation to premises other than residential premises constructed before the \r\n15th day of August, 1947,___ \r\n(i) the rent at which the premises were let on the first day of December \r\n1942, or where they were not let on that date, the rent at which they \r\nwere last let before that date, with the addition, in either of the \r\nforegoing cases, of the permitted increase ; or \r\n(ii) in the case of any premises let under a lease for a period of five years \r\nor upwards commencing on or before the first day of January, 1938, \r\nwhich has expired after the first day of December, 1942, the rent fixed \r\nby such lease for the period including the first day of December 1942, \r\nwith the addition of the permitted increase ; or \r\n(iii) in any other case, such rent as may be determined by the Controller \r\nhaving regard to the prevailing rates of rent for the same or similar \r\naccommodation in similar circumstances during the twelve months \r\nprior to the first day of December, 1942, and in the case of premises \r\nwhich have been constructed after that date, also to any general \r\nincrease in the cost of sites and building construction ; \r\n (c) in relation to all premises, residential or otherwise, constructed after the 15th \r\nday of August 1947, such rent as shall secure to the landlord a net return of six \r\nper centum 1[and in the case of premises first let on or after the twentieth of \r\nOctober, 1959, eight per centum] per annum on the total cost, after deducting \r\nthe taxes, insurance premium for insurance against fire and earthquake but not \r\notherwise and an amount equal to one and a half per centum per annum of the \r\ntotal cost by way or expenses for maintenance and repairs. The total cost shall \r\ninclude the value of the land and the cost of the construction of the premises; \r\n (3) “landlord” means any person for the time being entitled to receive rent in respect of any \r\npremises whether on his own account or on account or on behalf or for the benefit of any other \r\nperson or as a trustee, guardian or receiver for any other person, and includes any tenant, who, \r\nhaving been granted a lease of any premises by such landlord, sublets the same and every person \r\nfrom time to time deriving title under a landlord ; \r\n \r\n1Ins. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, s. 2. \r\n \r\nPage 5 of 13 \r\n \r\n (4) “permitted increase” in relation to any premises means:___ \r\n(a) in a case to which clause (2) (a) (i) or clause (2) (a) (if) applies___ \r\n(i) twenty-five per centum of the rent of the premises let on the first day \r\nof December 1941, or where they were not let on that date, the rent at \r\nwhich they were last let before that date or the rent referred to in \r\nsub-clause (2) (a) (ii) ; and \r\n(ii) an amount not exceeding seven and a half per centum 1[, or in the case \r\nof any addition, improvement or alteration, made on or after the \r\ntwentieth day of October, 1959, eight per centum] of the cost of any \r\naddition, improvement or alteration (not included in necessary repairs \r\nor repairs usually made to premises in the locality) made, at the land-\r\nlord’s expense, to or in the premises since the first day of December, \r\n1941, or as the case may be, since the date when the premises were last \r\nlet before that date ; \r\n(b) in a case to which clause (2) (b) (i) or clause (2) (b) (ii) applies___ \r\n(i) where the rent of the premises let on the first day of December,1942, \r\nor where they were not let on that date the rent at which they were last \r\nlet before that date or the rent referred to in clause (2) (b) (ii) does not \r\nexceed fifty rupees per month, or where the premises are used for \r\naccommodating a school, a hospital dispensary, library, maternity \r\nhome, nursing home, or such charitable or public institution as may be \r\nnotified in this behalf by the 2[Federal Government] in the Official \r\nGazette, ten per cent of the rent payable in each such case and in all \r\nother cases, fifty percent of such rent, and \r\n(ii) an amount not exceeding seven and a half per cent 1[, or in the case of \r\nany addition made after the 20th day of October, 1959, eight per \r\ncentum] of the cost of any addition, improvement or alteration (not \r\nincluded in necessary repairs or repairs usually made to premises in the \r\nlocality) made, at the landlord’s expense, to or in the premises since \r\nthe first day of December, 1942, or, as the case may be, since the date \r\nwhen the premises were last let before that date ; \r\n(c) in a case to which clause 2 (c) applies, an amount which would secure to the \r\nlandlord a net return of six per centum 1[, or in the case of any addition \r\nimprovement or alteration made on or after the 20th day of October, 1959, \r\neight per centum] per annum on the cost of any addition, improvement or \r\nalteration made by the landlord after allowing for the deductions referred to in \r\nclause 2 (c) ; \r\n______________________________________________________________________________ \r\n1Ins. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, s. 2. \r\n2Subs. by F.A.O., 1975, Art. 2 and Table. \r\n \r\nPage 6 of 13 \r\n \r\n (5) “premises” means any building or part of a building let for any purpose and includes___ \r\n(i) the garden, grounds and out-houses, if any, appurtenant to such building or \r\npart of a building ; and \r\n(ii) any furniture supplied by the landlord for use in such building or part of a \r\nbuilding ; \r\nbut shall not include a room in a hotel or a lodging house ; \r\n (6) “residential premises” means premises let or occupied or intended to be let or occupied \r\nfor residential purposes ; \r\n (7) “tenant” means any person by whom or on whose account rent is payable for any \r\npremises and includes every person from time to time deriving title under a tenant and also every \r\nperson remaining in possession of the premises leased to him after the determination of the lease \r\nwith or without the consent of the landlord. \r\n 3. [Appointment of Rent Controller and Additional Rent Controller.] Omitted by the Karachi \r\nRent Restriction (Amdt.) Ordinance, 1962 (48 of 1962), s. 3. \r\n 4. Rent Controller to fix fair rent. ___The Controller___ \r\n(a) shall, in the case of premises in respect of which an application is made by the \r\nlandlord or the tenant, on such application, and \r\n(b) may in the case of any other premises, of his own motion, determine after \r\nmaking such enquiry as he deems fit, the fair rent in accordance with the \r\nprovisions of this Act : \r\n Provided that the 1[Controller] shall not___ \r\n(a) entertain any application, or \r\n(b) take any action on his own motion, \r\nfor determining the fair rent after the lapse of a period of four months next after the date on which \r\nthe premises are first occupied: \r\n Provided further that the foregoing proviso shall not have effect until the expiry of a period of \r\nfour months from the commencement of this Act. \r\n 5. Re-determination of fair rent when improvements made. ___(1) If at any time after the \r\nfair rent of any premises has been determined in accordance with the provisions of this Act it appears \r\nto the Controller that subsequent to such determination some addition, improvement or alteration, not \r\nincluded in necessary repairs or repairs usually made to premises in the locality, has been made to \r\nthe premises at the landlord's expense the Controller may, after making such enquiry as he thinks fit, \r\nredetermine the fair rent of the premises. \r\n \r\n1Ins. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, s. 4. \r\n \r\nPage 7 of 13 \r\n \r\n (2) An increase in the fair rent may be allowed under subsection (1) with effect from any date \r\nnot earlier than the date on which the addition, improvement or alteration was completed. \r\n 6. Repairs by tenant. ___A tenant may, after notice to the landlord, make necessary repairs or \r\nrepairs usually made to premises in the locality and deduct the cost thereof from the rent: \r\n Provided that___ \r\n(a) such cost shall riot exceed one and a half per centum of the total cost of \r\nconstruction within the meaning of clause (c) of subsection (2) of section 2, \r\nand \r\n(b) the previous permission of the 1[Controller] shall be obtained to the making of \r\nthe repairs. \r\n 7. Restriction on raising rent. ___Where the fair rent of any premises has been determined in \r\naccordance with this Act___ \r\n(a) the landlord shall not claim and shall not be entitled to any rent in excess of \r\nthe fair rent ; \r\n(b) any agreement for the payment of rent in excess of the fair rent shall be null \r\nand void in respect of such excess and shall be construed as an agreement for \r\nthe payment of the fair rent ; \r\n(c) when the fair rent of any premises has been determined before the \r\ncommencement of this Act, any sum in excess of the fair rent paid, before the \r\ncommencement of this Act in respect of any use or occupation of the \r\npremises___ \r\n(i) after the first day of April 1942, in the case of residential premises, or \r\n(ii) after the first day of October, 1943, in the case of premises other than \r\nresidential premises, \r\nshall be refunded to the person by whom it was paid, or, at the option \r\nof such person, otherwise adjusted; \r\n(d) where the fair rent of any premises has been determined under this Act after \r\nthe commencement of this Act, any sum paid in excess of the fair rent for the \r\nperiod commencing from the date of the application for the fixation of the fair \r\nrent shall be refunded to the person by whom it was paid or, at the option of \r\nsuch person, otherwise adjusted. \r\n 8. Increase of rent on account of pay ment of rates excepted. ___Where the landlord pays \r\nany municipal rates, cesses or taxes in respect of any premises, an increase of the rent thereof shall \r\nnot be deemed to be an increase for the purposes of this Act and the landlord shall be entitled to the \r\namount thereof in addition to the fair rent if such amount does not exceed any increase in the amount \r\nfor the time being payable by the landlord in respect of such rates, cesses or taxes over the amount \r\npaid, in respect of residential premises, in the period of assessment which included the first day of \r\nDecember, 1941, and, in the case of premises other than residential premises, in the period of \r\nassessment which included the first day of December,1942: \r\n \r\n1Subs. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, s. 4. \r\n \r\nPage 8 of 13 \r\n \r\n Provided that no such sum in excess of the fair rent shall be payable until the expiry of four \r\nclear weeks after the landlord has served on the tenant a notice in writing of his intention to increase \r\nthe rent, accompanied by a statement showing particulars of the increased amount charged in respect \r\nof such rates, cesses or taxes. \r\n 9. Fine, premium, Pagri or Mithai not to be charged for grant, renewal or continuance \r\nof tenancy.___ (1) No landlord, tenant, occupant, or any person acting on their behalf shall in \r\nconsideration of the grant, renewal or continuance of a tenancy of any premises require the payment \r\nof any fine, premium, Pagri or Mithai or any other like sum in addition to the rent. \r\n (2) Where any such payment has been made, the amount shall be recoverable by the tenant by \r\nwhom it was made from the landlord, tenant, occupant or any person acting on their behalf and may, \r\nwithout prejudice to any other method of recovery, be deducted from any rent payable by him to the \r\nlandlord, tenant, occupant or any person acting on their behalf. \r\n (3) Nothing in this section shall apply to any payment made under any agreement entered \r\ninto____ \r\n(a) in the case of residential premises, before the first day of December, 1941; \r\n(b) in the case of premises other than residential premises, ,before the first day of \r\nDecember, 1942. \r\n (4) Any landlord, tenant, occupant or any person acting on their behalf who receives directly \r\nor through an agent any fine, premium, Pagri or Mithai or other like sum in addition to rent in \r\ncontravention of sub-section (1) shall be punishable with imprisonment for a term which may extend \r\nto six months or with fine or with both. \r\n10. 1[Eviction of tenant.___ (1) A tenant in possession of a premises shall not be evicted \r\ntherefrom, except in accordance with the provisions of this section. \r\n (2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that \r\nbehalf and if the Controller, after giving the tenant a reasonable opportunity of showing cause against \r\nthe application, is satisfied that___ \r\n the tenant has not paid or tendered rent due buy him in respect of the premises, within fifteen \r\ndays after the expiry of the time fixed in the agreement of tenancy with his landlord, or in the a sence \r\nof any such agreement, within thirty days of the date on which the rent became payable; or \r\n the tenant has, without the written consent of the landlord,___ \r\n(i) transferred his right under the lease or sub-let the entire premises or any \r\nportion thereof; or \r\n(ii) used the premises for a purpose other than that for which they were leased, \r\n \r\n1Subs. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, s. 5. \r\n \r\nPage 9 of 13 \r\n \r\nor has infringed any condition of the tenure on which the premises are held by \r\nthe landlord; or \r\n(c) the tenant has committed such acts as are likely to impair materially the value \r\nor utility of the premises; or \r\n(d) the tenant has been guilty of such acts and conduct as are a nuisance to the \r\noccupants of premises in the neighbourhood ; or \r\n(e) the tenant has ceased to occupy the premises for a continuous period of four \r\nmonths without reasonable cause; or \r\n(f) the premises are reasonably and in good faith required by the landlord,___ \r\n(i) for the erection or reconstruction of a building, or \r\n(ii) for his own use or for the use of any person for whose benefit the \r\npremises are held, \r\nthe Controller may make an order directing the tenant to put the landlord in possession of the \r\npremises and if the Controller is not so satisfied he shall make an order rejecting the application: \r\n Provided that the Controller may give the tenant a reasonable time for putting the landlord in \r\npossession of the premises and may extend such time so as not to exceed four months in the \r\naggregate: \r\n Provided further that where the tenancy is for a specified period agreed upon between the \r\nlandlord and the tenant, the landlord shall not be entitled to apply on the grounds mentioned in clause \r\n(f), before the expiry of such period. \r\n Explanation.___ For the purpose of clause (a),___ \r\n(i) where the water charges or electricity charges or both are payable by the \r\ntenant to the landlord such charges shall be deemed to be rent ; \r\n(ii) rent remitted by money-order to the landlord or deposited in the office of the \r\nController having jurisdiction in the area where the premises is situated shall \r\nbe deemed to have been duly tendered.] \r\n (3) Where a landlord has got back possession of any premises from a tenant on the ground \r\nthat they were reasonably and in good faith required by the landlord for the erection or reconstruction \r\nof a building or for his own occupation or for the occupation of any person for whose benefit the \r\npremises are held, if the erection or reconstruction of the building is not commenced or the premises \r\nare not occupied by the landlord or the other person aforesaid within fifteen days of the vacation of \r\nthe premises by the original tenant, or having been so occupied are re-let within two months of the \r\nsaid date to any person other than the original tenant, the Controller may, on the application of the \r\noriginal tenant made within three months of his vacating the premises, direct the landlord to place the \r\noriginal tenant in possession of the premises on the original terms and conditions and to pay him \r\nsuch compensation as may be fixed by the Controller. \r\n \r\nPage 10 of 13 \r\n \r\n (4) When the Controller directs under subsection (3) that the landlord should pay \r\ncompensation to the tenant the Controller may recover the amount of such compensation as an arrear \r\nof land revenue and may, for the purpose of such recovery, exercise all or any of the powers \r\nconferred upon a Collector under Chapter XI of the Bombay Land Revenue Code, 1879 (Bom. Act V \r\nof 1879). \r\n (5) Nothing in sub-section (1) shall apply in the case of any premises___ \r\n(a) which being situated within the municipal limits of the City of Karachi have \r\nbeen specially certified for the purpose of this Act to be in a ruinous or \r\ndangerous condition by the Chief officer of the Corporation, \r\n (b) which, being situated in a cantonment, have been so certified to be in an \r\ninsanitary state or unfit for human habitation by the cantonment authority, and \r\n(c) in respect of which notice has been issued under section 190 of the City of \r\nKarachi Municipal Act, 1933 (Bom.Act XVI of 1933), or under section 119 of \r\nthe Bombay District Municipal Act, 1901 (Bom. Act III of 1901), or under \r\nsection 140 or 142 of the Cantonments Act, 1924 (II of 1924). \r\n 1[(6) In proceedings under this section on the first date of hearing or as soon as possible after \r\nthat date and before issues are framed, the Controller shall direct that tenant to deposit all the rent \r\ndue from him and also to deposit regularly till the final decision of the case, before the fifth day of \r\neach month the monthly rent due from him. If there is any dispute about the amount of rent due or \r\nthe rate of rent, the Controller shall determine such amount approximately and direct that the same \r\nbe deposited by the tenant before a date to be fixed for the purpose. If the tenant makes default in the \r\ncompliance of such an order, then if he is the petitioner, his application shall be dismissed summarily \r\nand if he is the respondent, his defence shall be struck off and the landlord put into possession of the \r\nproperty without taking any further proceedings in the case. The controller shall finally determine the \r\namount of rent due from the tenant and direct that the same be paid to the landlord, subject to \r\nadjustment of the approximate amount deposited by the tenant.] \r\n 11. Easement not to be disturbed.___ 2[(1)] No landlord or his contractor workman or \r\nservant shall, without the previous written consent of the Controller or save for the purposes of \r\neffecting repairs or complying with a municipal requisition, wilfully disturb any convenience or \r\neasement annexed to the premises, or remove, destroy or render unserviceable anything provided for \r\npermanent use therewith or discontinue or cause to be discontinued any supply or service comprised \r\nin the fair rent. \r\n 1[(2) Where a landlord contravenes the provisions of sub-section (1) the tenant in occupation \r\nof a premises may make an application the Controller complaining of such contravention. \r\n (3) If the Controller, on enquiry, finds that the tenant has been in enjoyment of the amenities \r\nand that they were cut off or withheld by the landlord without just or sufficient cause, he shall make \r\nan order directing the landlord to restore such amenities.] \r\n \r\n1Added. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, ss. 5 and 6. \r\n2Section 11 renumbered as sub-section (1) of that section, by the Karachi Rent-Restriction (Amdt.) Ordinance, 1962, (48 of 1962), s. 6. \r\n \r\n \r\nPage 11 of 13 \r\n \r\n 12. Controller may determine fair rent in certain cases. ___In any of the following cases, \r\nthe Controller may fix the fair rent at such amount as, having regard to the provisions of this Act and \r\nthe circumstances of the case, he deems just___ \r\n(a) where, by reason of any premises having been let at one time as a whole and at \r\nanother time in parts or where a tenant has sublet or sublets a part of any \r\npremises let to him, or for any other reason, any difficulty arises in giving \r\neffect to this Act, or \r\n(b) where in the case of any premises let furnished, it is necessary to distinguish \r\nfor the purpose of giving, effect to this Act, the amount payable as rent from \r\nthe amount payable as hire of furniture; or \r\n(c) where, any premises have been or are let rent-free or at a nominal rent or for \r\nsome consideration in addition to rent. \r\n 13. Punishment for contravention of the provisions of section 11. ___Whoever contravenes \r\nthe provisions 1[of sub-section (1)] of section 11 shall, on conviction, be punished with imprisonment \r\nwhich may extend to six months, or with fine, or with both. \r\n 14. Review. ___The Controller may review any order made or deemed to be made by him \r\nunder this Act and the provisions of Order XLVII in the First Schedule to the Code of Civil \r\nProcedure, 1908 (V of 1908), shall so far as may be, apply to such review. \r\n 1[15. Appeals and revision. ___(1) Any party, aggrieved by an order passed by a Controller \r\nmay, within thirty days from the date of such order, prefer an appeal in writing to the District Judge, \r\nKarachi, or such other judicial officer as may be empowered by the Provincial Government to hear \r\nsuch appeals. \r\n (2) The provisions of the Code of Civil Procedure, 1908 (Act V of 1908), shall apply to an \r\nappeal from an order under this Act as they apply to an appeal from a decree of a Civil Court. \r\n (3) The provisions of section 115 of the aforesaid Code shall apply to a proceeding or appeal \r\ndecided under this Act as if such appeal or proceeding were a case which has been decided by a \r\nCourt subordinate to the High Court within the meaning of that section.] \r\n 16. [Omitted] \r\n 17. [Omitted] \r\n 1[18. Execution of orders. ___Every order made under section 10 or section 11 and every \r\norder passed on appeal or revision under section 15 shall be executed by a Civil Court having \r\njurisdiction in the area as if it were a decree of that court.] \r\n \r\n \r\n \r\n1Ins and Subs. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, ss. 7, 8 and 10. \r\n \r\n \r\n \r\n \r\nPage 12 of 13 \r\n \r\n 19. Controller may require information to be furnished and summon witnesses. ___For \r\nthe purposes of an enquiry under this Act the Controller may___ \r\n(a) require the landlord to produce any book of account, document or other \r\ninformation relating to the premises ; \r\n(b) enter and inspect the premises ; \r\n(c) authorise any officer subordinate to him to enter and inspect the premises ; or \r\n(d) summon and enforce the attendance of witnesses and compel the production of \r\ndocuments by the same means and so far as may be, m the same manner as is \r\nprovided in the case of a Court by the Code, of Civil Procedure, 1908 (V of \r\n1908). \r\n Explanation.___ In this section, the word “land-lord” shall include a servant or an agent of the \r\nlandlord who is in charge of or looks after the premises on behalf of the landlord. \r\n 20. Use of force in certain cases. ___The Controller may, for the purpose of enforcing a \r\ndirection issued under subsection (3) of section 10 (requiring a landlord to deliver possession of the \r\npremises to the original tenant), take or cause to be taken such steps and use or cause to be used such \r\nforce as may, in his opinion, be reasonably necessary, and for the removal of doubts it is hereby \r\ndeclared that the power to take steps under this section includes the power to require the assistance of \r\nthe Police and to enter upon the property. \r\n 21. Control of Provincial Government. ___The 1[Provincial Government] may from time to \r\ntime issue general directions for the guidance of officers of Government in all matters connected \r\nwith the administration of this Act and not therein specially provided for. \r\n 22. Bar of jurisdiction. ___No suit or other legal proceeding shall be instituted against any \r\nperson in respect of anything which is in good faith done or intended to be done under this Act. \r\n 23. Cognizance of offence. ___No Court shall take cognizance of an offence under this Act \r\nexcept with the previous sanction in writing of the Controller. \r\n 24. Act does not permit increase of rent if not otherwise permissible. ___Nothing in this \r\nAct shall be deemed to entitle a landlord to increase the rent of any premises in any case in which he \r\nwould not be entitled to do so if this Act had not been enacted. \r\n 25. Validation of appointments and Acts. ___ (1) Every person from time to time appointed \r\nor deemed to have been appointed or purporting to have been appointed as Controller under either of \r\nthe two Acts or the Ordinance referred to in section 29, namely, the Sind Rent Restriction Act, 1947 \r\n(Sind Act X of 1947), in so far as it is applicable to the Capital of the Federation, the Sind Rent \r\nRestriction (Amendment) Act, 1952 (XXXVII of 1952), and the Karachi Rent Restriction Ordinance, \r\n1953 (Ord. I of 1953)(hereinafter referred to as “the said enactments”) shall be deemed to have been \r\nso appointed under and for the purpose of this Act. \r\n \r\n1Subs. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, s. 11. \r\n \r\n \r\nPage 13 of 13 \r\n \r\n (2) The fair rent of any premises determined or deemed to have been determined under the \r\nsaid enactments shall be deemed to have been determined under section 4 and every order made or \r\ndeemed to have been made or act done or deemed to have been done by any officer or authority \r\nacting or purporting to act in exercise of the powers conferred by the said enactments shall be \r\ndeemed to have been made or done by such officer or authority under the corresponding provisions \r\nof this Act. \r\n (3) Every proceeding pending or purporting to be pending under or by virtue of the said \r\nenactments shall be continued and completed in accordance with the corresponding provisions of this \r\nAct. \r\n 26. Effect of provisions inconsistent with other enactments. ____The provisions of this Act \r\nshall have effect notwithstanding anything inconsistent therewith contained in any enactment for the \r\ntime being in force. \r\n 27. Rules. ____The 1[Provincial Government] may, by notification in the Official Gazette, \r\nmake rules for the purpose of carrying out the provisions of this Act. \r\n 28. Savings. ____(1) Any order or rule at any time made or purporting to have been made \r\nunder any of the said enactments shall, in so far as it is not inconsistent with the provisions of this \r\nAct, be deemed to have been made under the provisions of this Act, and shall have effect \r\naccordingly. \r\n (2) No suit, prosecution or other legal proceedings whether by way of petition or otherwise \r\nshall lie in respect of anything which has been in good faith done or intended to be done in pursuance \r\nof or in exercise of the powers in good faith believed to have been conferred by or under any of the \r\nsaid enactments. \r\n 29. Repeal. ____The said enactments, namely___ \r\n (1) The Sind Rent Restriction Act, 1947 (Sind Act X of 1947), in so far as it is applicable to \r\nthe Capital of the Federation ; \r\n (2) The Sind Rent Restriction (Amendment) Act, 1952 (XXXVII of 1952) ; and \r\n (3) The Karachi Rent Restriction Ordinance, 1953 (Ord I of 1953), are hereby repealed. \r\n \r\n \r\n \r\n \r\n \r\n \r\n RI - Date: 14-05-2024 \r\n1Subs. by the Karachi Rent Restriction (Amdt.) 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