Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 8 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Application for fair rent---Enhancement of rent---Effective date for such enhancement---Landlord's application for enhancement of rent was allowed by Appellate Court and such enhancement was made effective from date of filing fair rent application by the landlord before the Rent Controller----Contention of tenant/petitioner was that such enhancement should have been made effective from date of order of Appellate Court---Held, that the law gave the Rent Controller discretion to fix fair rent from date of institution of application or from date of such order or any time in between said two events, keeping in view the facts and circumstances of each case---Where discretion was to be exercised by a court, the same should not be arbitrary but should be based on sound reasoning---Rights of parties to a litigation were to be determined on the facts and circumstances of the case obtaining on the date of institution of such legal proceedings---No fact suggested that Rent Controller ought to have fixed effective date other than date of institution of "fair rent application" and no fact warranting the same was pointed out by the tenant---Constitutional petition was dismissed, accordingly. Messrs Victor Restaurant v. State Life Insurance Corporation of Pakistan and others 2010 SCMR 745 rel. PLD 1994 SC 725; PLD 2007 Kar. 485 and 2010 CLC 1064 ref. (b) Discretion--- ----Exercise of---Where discretion was to be exercised by a court, the same should not be arbitrary but should be based on sound reasoning. ORDER FAISAL ARAB, J.---The petitioner is tenant of respondent No.1 since 1970. He was inducted as tenant at the rate of Rs.600 per month. Same rate of rent continued till 2005 when after 35 years of creation of tenancy, respondent No.1 filed application under Section 8 of the Sindh Rented Premises Ordinance, 1979, seeking enhancement of rent. The Rent Controller in his decision dated 13-11-2010 enhanced the rent from Rs.600 per month to Rs.18,000 per month but made, it effective from the date of the order i.e. 13-11-2010. Aggrieved by the…

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