Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 21---Constitution of Pakistan (1973), Art.199---Constitutional petition---Jurisdiction of High Court under Art. 199 of the Constitution was extraordinary in nature which was aimed at proper dispensation of justice and to avoid abuse of process of law---Such jurisdiction normally was not to be exercised by High Court to interfere with the discretionary orders of subordinate Courts, where jurisdiction had been conferred upon them by some special statutes---Jurisdiction of High Court under Art.199, could not be invoked to circumvent the provisions of Sindh Rented Premises Ordinance, 1979 so as to serve the purpose of second appeal, which had been specifically done away with by Legislature while promulgating Sindh Rented Premises Ordinance, 1979, unless findings recorded by the Tribunal were found to be based on patent misreading of evidence or same were arbitrary, capricious, perverse and had resulted in gross miscarriage of justice. Messrs Mehraj (Pvt.) Ltd. v. v. Mis.s Laima Saeed and others 2003 MLD 1033 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 8---Fair rent---Determination of---Enhancement of rent---Premises in question were let out to tenant in year 1959-60 at the rate of Rs.100 P.M. when cost of construction and cost of land, even in the heart of the city was nominal in comparison to prevalent cost of land and cost of construction---Rent Controller while fixing rent of the premises at the rate of Rs.12 per sq. feet had taken into consideration not only cost of construction and cost of land, but also other documentary evidence placed on record by landlord seeking enhancement of rent to show that in the same locality other properties had been let out by landlords even at the rate of Rs.45 per sq. feet---Fixation of rent at the rate of Rs. 12 per sq. feet in circumstances by Rent Controller and affirmed by Appellate Authority below, could not be said to be arbitrary or based on misreading of evidence---Cumulative effect of all four factors enumerated in S.8(1) of Sindh Rented Premises Ordinance, 1979, were to be taken into consideration by Rent Controller for fixation of fair…

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