Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 8(1)---Fair rent, fixation of---Landlord's application for fixation of fair rent was allowed by Appellate Court, however, the date from which said fixation would be effective was specified as the date of order---Contention of the landlord was that rent should be fixed from date of institution of rent case---Validity---Fair rent was required to be enforced from the date of application but for fixing a date other than date of application, the Rent Controller was required to assign reasons---High Court remanded matter to Rent Controller with the direction to give reasons for fixing the rate of rent from date of order---Constitutional petition was allowed, in circumstances. Victor Restaurant v. State Life Insurance Corporation and others 2010 SCMR 745 and Volkat (Pakistan) Ltd. v. Interavia Pakistan Ltd. 2001 SCMR 671 rel. Masudah Jawad v. State Life Insurance Corporation and another PLD 2007 Kar. 485 and Olympia Shipping Corporation of Pakistan v. State Life Insurance Company of Pakistan 2001 SCMR 1103 ref. JUDGMENT SADIQ HUSSAIN BHATTI, J.---Through this petition the petitioner has called into question the judgment dated 5-8-2009, whereby, though the rate of fair rent was fixed at Rs.15 per sq. ft. as prayed by the petitioner, but the same was granted with effect from date of the passing of the order and not from the date of institution of the application for fixation of fair rent. 2. Brief facts of the case are that petitioner is owner of building standing on Plot No.16-CL-10, Dr. Ziauddin Ahmed Road, Karachi and respondent No.1, since 1-7-1980, is tenant of the petitioner in respect of a showroom premises measuring 2178 sq. ft. situated on the ground floor of the said building at the rate of Rs.5 per sq. ft. per month. On 14-12-1991, the petitioner filed an application against respondent No.1 under section 8(1) of the Sindh Rented Premises Ordinance, 1979, being Rent Case No. 2054 of 1991, for fixation of fair rent at the rate of Rs.15 per sq. ft. per month from the date of institution of the rent case. The learned Rent Controller, after framing of issues, recording of evidence and hearing the parties,…

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