Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 8 & 21(3)---Constitution of Pakistan, Art.25 & 199---Constitutional petition---Discrimination---Rate of rent being charged by landlord not equal to the shops in the same building---Application for fixation of fair rent of demised shop---Enhancement of rent by Rent Controller---Rent was further enhanced on appeal by the appellate court---Fair rent of demised shop, determination of---Factor of rent of similar shops situated in the similar circumstances in the same or adjoining locality elaborated---Scope---If any instance of rent in similar premises situated in the same building was present, as it was available in the present case, it would be the best circumstance or factor which may be given due consideration for fixing the fair rent of disputed demised premises---Constitutional petition was allowed in circumstances and the order of Rent Controller was restored. ORDER FAROOQ ALI CHANNA, J.---The petitioners are tenants of Shop No. 2, measuring 300 Sq. Feet, situated on ground floor of building known as Muhammadi Terrace, on Plot No. SR-9/11, Tayyabi Road, Karachi against the rent of Rs. 825 per month owned by respondents, who filed Rent Application No. 597 of 2008 under section 8 of the Sindh Rented Premises Ordinance, 1979 for fixation of fair rent not less than Rs.70 per Sq.foot accumulating Rs.21000 per month. In pursuance of notice, the petitioners appeared before the Rent Controller and filed the written statement. Both the parties led their evidence, the Rent Controller after hearing the counsel for both the parties, allowed the application and fixed the rent of the demised premises at Rs.2500 per month from the date of institution of application. 2. The respondents being dissatisfied with the order of Rent Controller assailed the same in F.R.A. No. 326 of 2009, before the learned Vth Additional District and Sessions Judge Karachi-South, who modified the order of Rent Controller and fixed the rent at Rs. 7500 per month instead of Rs. 2500 per month and allowed the appeal accordingly vide judgment dated 22-2-2011, which is impugned in this petition. 3. I have heard the learned counsel for…

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