Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art.199---Constitutional jurisdiction---Scope---Question of fact recorded by competent forum---Interference---High Court in constitutional jurisdiction could not sit as a court of appeal on such question---High Court could interfere in such question, if same was based on no evidence or recorded by ignoring material evidence on record---Possibility of a different view on basis of same evidence could not be a ground for High Court to interfere in finding of fact. Abdul Razzaq v. Messrs Ihsan Sons Ltd. and 2 others 1992 SCMR 505 and PLD 2006 SC 24 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.8---Fair rent Application for fixation of---Rent of premises fixed in year, 1955 @ Rs.12 per month subsequently enhanced to Rs.130 per month was sought by landlord to be further raised due to going up manifold cost of construction and land---Validity---Landlord had not raised any construction on premises since 1955, but cost of land had gone up manifold---Premises having an area of 264 square feet was located in heart of the city---Record showed drastic increase in property tax and water and conservancy taxes of premises---Rent of other premises located in same building and adjoining building fixed nine years ago was ranging between Rs.7 and Rs.8 per square feet---Tenant for last many decades had been paying very nominal monthly rent of Rs.130---Rent of premises was fixed @ Rs.12 per square feet (i.e. total Rs.3168) from date of institution of such application, and in view of hardship resulting from disposal of case with delay, tenant was directed to pay arrears of rent in six equal instalments within period of 18 months. Messrs Olympia Shipping and Weaving Mills Ltd. and another v. State Life Insurance Corporation of Pakistan 2001 SCMR 1103; State Life Insurance Corporation of Pakistan v. Habib Safe Deposit Vault (Pvt.) Ltd. and 2 others 2008 CLC 517; Banasri Silk Cloth Museum v. Mst. Amna Bai 1986 CLC 1570; Abdul Razzaq v. Messrs…