Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 4 , 5

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---- Ss. 4 & 5--Enhancement of rent --- No mode of inquiry having been prescribed in Ordinance for determination of fair rent, Rent Controller was not -obliged to frame issue arriving from pleadings of parties --- Rent Controller was merely required to be satisfied with regard to bona rides of landlord's claim regarding increase in the rent having regard to consideration laid down in clauses (a)(b) and (c) of SA of the Ordinance --- Order of Rent Controller increasing rent of premises in dispute after considering rent of similar accommodation in similar circumstances prevailing in locality at relevant time, was not arbitrary or fanciful. Parvaiz Muhammad Mian for Petitioner. Muhammad -Sarwar Awan for Respondents Nos.3 to 5. Date of hearing: 12(h March, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic 'of Pakistan calls in question order dated 14-3-19&S passed by the learned Additional District Judge/Lahore, whereby he dismissed the appeal of the petitioner against the order dated 4-10-1980 passed by the learned Rent Controller, Lahore whereby the petition of respondents Nos.3 to 5 herein under sections 4 and 5 of the Punjab Urban Rent Restriction Ordinance, 1959 ~hereinafter called the Ordinance), was allowed. The brief. facts of the case are that respondents Nos. 3 to 5 riled application under sections 4 and 5 of the Ordinance for enhancement of the rent of a shop bearing No.12/15 Awan Market, Shadman Colony, Lahore, let out to the petitioner. The petitioner contested the application. In view of pleadings of the parties, the learned Rent Controller framed the following issues:-   What should be fait rent of the disputed property and from which period? OP. Parties; Whether the respondent has paid an amount of Rs. 50,000 as Pagri to the petitioner. If so, to what effect? OPR. Relief. After appreciating the evidence led by the parties, the learned Rent .Controller increased the rent from Rs.500 per month to Rs.625 per month as fair rent. Issue No.2 was decided against the…