Case Details

Citation(s)
2017 SLG 2462 2017 SLD 2462 2017 YLR 1769
Sindh High Court
C.P. No. S-395 of 2006, decision Dated: 27-2-2017. HearingDate : 28-11-2016.
ARSHAD HUSSAIN KHAN, JUSTICE
Abdullah Chandio for Petitioners.Qaisar Hassan Khan and Altaf Hussain for
Respondent No. 1.

ISRAR-ULHAQ AND 7 OTHERSVSMST. ZOHRA JABEEN AND 2 OTHERS

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 8---Fair rent, fixation of---Factors to be considered while determining fair rent---Rent Controller fixed rent at the rate of Rs. 18/- per Sq. ft per month from the date of filing of rent case---Validity---No restriction existed for filing an application for fixation of fair rent either by the landlord or tenant before the Rent Controller having jurisdiction thereon---Rent Controller was required to examine cumulative effect of all four factors as mentioned in clauses (a)(b)(c)(d) of subsection (1) of S.8 of the Sindh Rented Premises Ordinance, 1979 for fixation of fair rent---Rent Controller after examining the evidence had determined the fair rent of demised premises---No misreading of fact or jurisdictional defect had been pointed out in the impugned s passed by the Courts below---Constitutional petition was dismissed in circumstances. PLD 1993 Kar. 9; PLD 1983 Kar. 9 and 1995 MLD 181 ref. 1993 CLC 1726 and Messrs Olympia Shipping and Weaving Mills Ltd. and another v. State Life Insurance Corporation 2001 SCMR 1103 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---High Court could not reappraise evidence in cases under Sindh Rented Premises Ordinance, 1979 while exercising constitutional jurisdiction. Messrs Mehraj (Pvt.) Ltd. v. Miss Laima Saeed and others 2003 MLD 1033 rel. THIS JUDGMENT DELIVERED BY: ARSHAD HUSSAIN KHAN, JUSTICE:---.--- The petitioners through instant constitutional petition have challenged the concurrent finding of facts by the learned courts below and sought relief as follow:-- "Under the circumstances it is prayed that this Honourable Court may be pleased to set aside the order of the Respondent No. 2, dated 05.04.2006, along with order of the respondent No. 3, dated 21.10.2000, besides granting any other appropriate relief/reliefs which this Hon'ble Court may deem fit and proper under the circumstances of the case." 2. Brief facts arising out of the present petition are that one Nooruddin son of Haji Salahuddin being the co-owner and landlord in respect of building known as Al-Noor Chambers constructed on Plot No.…
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