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Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 8 & 21(3)---Constitution of Pakistan, Art.199---Constitutional petition---Fixation of fair rent---Enhancement of rent by appellate court---Scope---Powers and scope---Rent Controller on the application of landlord, fixed the rent of demised shop---Tenant filed appeal against the order of Rent Controller, which was dismissed by appellate court and also further enhanced the rent---Contention of the petitioner/tenant was that landlord had not filed any appeal against the order of Rent Controller, therefore further enhancement of rent by appellate court on the appeal of tenant/petitioner was illegal, coram non judice---Validity---Appellate court had no power to pass order in favour of respondent/landlord, who had not filed an appeal against the order of Rent Controller---Appellate court was required to exercise power reasonably, justly and fairly within the framework of the controversy which had been brought before the appellate authority and not in respect of a matter against which the landlord/respondent had no grievance because he had not filed any appeal---Appellate court was not justified to enhance rent, therefore the findings of the appellate court was not sustainable under law. Messrs Noori Trading Corporation (Pvt.) Limited v. Abdul Ghaffar 1997 CLC 205 ref. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, J.--- Through this Constitutional Petition, the petitioner has assailed the judgment dated 5-12-2012, passed by the learned 1st Additional District Judge, Karachi Central, whereby fair rent fixed by the Rent Controller at Rs.3000 per month was enhanced to Rs.6,000 per month in respect of rented premises in possession of the petitioner. The prayer of the petitioner in the petition is reproduced hereunder:-- "It is therefore, prayed that this Hon'ble Court may be pleased to set aside the judgment in Rent Case No.537 of 2008 dated 24-9-2010 passed by the learned IInd Rent Controller, Karachi Central and of 1st Additional District Judge, Karachi Central in F.R.A No.209 of 2010 as the orders being illegal, unconstitutional and in deviation from the established law." 2. Brief facts of the case, relevant for…

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