Law: Sindh Rented Premises Ordinance, 1979

Section: 8

Law: Constitution of Pakistan, 1973

Section: 185(3)

Sindh Rented Premised Ordinance, 1979 (XVII of 1979)-- ----S. 8--Constitution of Pakistan, 1973, Art. 185(3)--Fixation of fair rent--The respondent, being owner of premises in question initiated proceedings for fixation of fair rent against petitioner by filing a rent case--The application of respondent was allowed by Rent Controller and fair rent was fixed--The petitioner filed FRA before ADJ which was allowed and case was remanded to Rent Controller for decision afresh--After remand of case, Rent Controller, after hearing both parties, fixed rent of premises in question--The petitioner preferred FRA before ADJ which was dismissed--The petitioner invoked Constitutional jurisdiction by filing Constitutional Petition which too met fate of dismissal--The relationship of petitioner and respondent is not denied--The rise in cost of construction, repair charges, taxes etc has been increased and labour charges have also been enhanced which fact need not to be proved through documentary evidence--There are concurrent findings of all fora below which cannot be interfered with unless those are perverse, arbitrary, capricious or fanciful. No misreading and non-reading has been notices. 1999 MLD 2881; 1986 CLC 1408; PLJ 1979 Quetta 66; PLD 1970 SC 465; 2004 CLC 1276; 2018 SCMR 581; 2010 CLC 99; 2010 SCMR 737; 2007 SCMR 1719; 2001 SCMR 1103; 2006 SCMR 152; 2014 SCMR 914; 2017 SCMR 902; 2001 SCMR 1301 ref. Sindh Rented Premised Ordinance, 1979 (XVII of 1979)-- ----S. 8--Section 8 of the Ordinance, prima facie, requires Rent Controller to consider all ingredients. [P. 507] E 2018 SCMR 581; 2011 SCMR 554 ref. JUDGMENT Syed Hasan Azhar Rizvi, J.--Through this petition for leave to appeal, filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has assailed the judgment dated 28.02.2023 passed by the High Court of Sindh, Karachi, whereby his Constitutional Petition No. S-1067 of 2019 was dismissed. 2. Succinctly, facts of the case leading to filing of this petition are that the respondent, Pervaiz Ahmed, being owner of the premises in question initiated proceedings for fixation of fair rent against his tenant/petitioner, Akhtar…

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