1999 PLP 1682 (CLC)

(c) Words and phrases‑‑‑ ‑‑‑‑‑‑ Such other charges" ‑‑‑Connotation. Ziaul Haq Makhdoom for Appellants. Date of hearing: 29th October, 1998. This is an appeal under section 21 of Sindh Rented Premises Ordinance, 1979 (hereinafter called Rent Ordinance) directed against an order, dated 4th July, 1995 passed by IVth Rent Controller, Karachi East in Rent Case No.83 of 1995 whereby an application under section 11 of Rent Ordinance was allowed. Brief facts of the case are that the appellant filed an application under section 11 of Rent Ordinance stating therein that they are tenants of the respondents in respect of shops in Glamour One Plaza, Tariq Road, Karachi, as per detailed statement filed with the application who are to pay monthly rent as per Annexure "B" filed with the application and the said appellants have also deposited security amounts with the respondents and some of the appellants are entitled to adjust part of the security amounts towards rent. It is also stated that the appellants Nos.2 to 70 have signed with respondents a tenancy agreement as well as hiring agreement and in terms of hiring agreement, the appellants are required to pay to the respondents electricity charges for air‑conditioning to the extent of their proportionate share, in respect of the building known as Glamour One situated on Tariq Road, Karachi whereas in terms of rent agreement, the hiring charges under latter agreement are also deemed to be rent. Copies of these agreements have been filed as Annexure "C‑1 " to "C‑64" and "D‑1 " to "D‑6". It is also stated that the appellants Nos.71 to 102 have also executed with the respondents rent agreements as per Annexure "E‑1" to "E‑32". It is also stated that the respondents are a private limited company whose directors have absconding and their whereabouts are hot known, consequently, the appellants are depositing monthly rent with the Rent Controller in Miscellaneous Rent Application filed by them as Annexure "F" and the appellants have been enjoying common amenities vie. (a) Central Air‑conditioning of the building; (b) water supply and sewerage facilities and (c) maintenance staff for the air- conditioning plant and the upkeep of the building. It is stated that as all the directors of the respondents absconded, consequently, there was none to make payment of electricity charges to respect of air‑conditioning payable by respondents, therefore, the electricity service was discontinued, so also wafer and sewerage facilities were likely to be discontinued. It is also stated that respondents were not making payment towards the maintenance and salary to the staff in respect of security, service and maintenance though as per agreement, respondents are to make payment of the same. In view of the above circumstances, the appellants moved an application with a request to Rent Controller to pass suitable order after making such enquiry so that the services mentioned above should not be discontinued and necessary directions to the respondents be given to carry on the same and in failure thereof, Controller to take necessary steps to get the services restored and the costs incurred be recovered from the respondents. In view of aforesaid circumstances Rent Controller directed the respondents to pay water and conservancy charges as well as electricity charges for the air‑conditioning plant to the concerned authorities so also to pay maintenance charges for maintaining air‑conditioning plant in proper condition and salaries to the security guards, maintenance and service staff till the said date, so also to continue the abovesaid amenities and services to the appellants in future subject to their payment according to their share as per agreements between them and not cause to discontinue the abovesaid amenities and services of the appellants and in case the respondents failed to clear up all the water, electricity and conservancy charges to the concerned authorities and maintenance charges for maintaining air‑conditioning plant and salaries payable to the security guard and maintenance and service staff within one month, then respondents cats restore these maintenances and services through respondent No. l at the cost of respondents deductable from the rent on production of receipts in Court. Learned counsel for appellants is aggrieved with the observations made by the Rent Controller where he has held that hiring charges could not be treated as part of the rent. Learned counsel for appellants contends that as per section 2(i) of Rent Ordinance the rent includes water and electricity charges and such other charges which are payable by the tenant but are unpaid. According to learned counsel the hiring charges are payable by the tenant to the respondents/ landlords, therefore, same shall be treated as part of rent. He further submits NLR 1982 Civil 19 that hiring charges are being deposited by the appellants/tenants in the office of Rent Controller alognwith rent of premises, therefore, all liabilities occurring thereon because of the hiring charges for the upkeep of the air‑conditioning plant and security guards, maintenance of building are to he paid from the hiring charges deposited by the appellant. Reliance is placed upon (i) Badruddin v. Muhammad Yousuf 1994 SCMR 1900 and Iii) Mst. Rehana Begum v. Mst. Shagufta 1995 SCMR 323 in support of his contentions. Such other charges" would include hiring charges payable by the appellants/tenants to the respondents/landlords hence would be part of rent in view of said provision of law. In the circumstances the amount deposited by the appellants towards the hiring, charges which is held to be rent could he spent on the above categories of the amenities to he provided to the building named above. The Rent Controller has already authorised the appellants throuh appellant No. l to withdraw the amounts from the office of Rent Controller from the rent deposited by the appellants against the bills which appellant No. I would pay to the concerned authorities from his own funds in the first instance and then he would be entitled to be compensated from the said amount of rent deposited on his submission of payment challans before the Rent Controller. It may also be observed that the appellant No. l will maintain proper accounts in respect of payments made and the amounts received/withdrawn from the office of Rent Controller. In view of the above observations., the ,appeal is allowed and the impugned order is modified accordingly. Q.M.‑.H./S‑199/K Appeal allowed .