Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 8--- Constitution of Pakistan (1973), Art.185(3)---Fixation of fair rent- -­Leave to appeal was granted to consider the question as to whether the High Court was justified in substituting the operative dates of the order of fixation of fair rent from December 1990 to that of the date of application, though no appeal had been filed by the respondent against the, order of Rent Controller. (p. 728] A (b) Sindh Rented Premises Ordinance (XVII of 1479)--- ----S. 8--- Fair rent, fixation of--- Powers of Rent Controller to determine fair rent--- Considerations to be kept in view by the :Rent Controller--- Rent Controller is competent to order the payment of fair rent from the date of order. A perusal of section 8, Sindh Rented Premises Ordinance, 1979 indicates that it empowers the Rent Controller to determine fair rent of the premises after taking into consideration the factors mentioned in sub ­clauses (a), (b), (c) and (d) of subsection (1). It further shows that by virtue of subsection (2), the Rent Controller can also take into consideration the matters referred to therein while fixing fair rent. However, section 8 does not provide as to the date from which the tenant would be liable to pay fair rent determined by the Rent Controller. In other words, it does not provide that the fair rent will be payable from the date of application or from the date of order determining the fair rent. In this view of the matter, the Dent Controller is competent to order the payment of fair-rent from the date of order. (p. 729] B. ` (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 20, 21 & 8---Civil Procedure Code (V of 1908), O.XLI, R.33--­Determination of fair rent and fixation of date of payment of such fair rent by Rent Controller---Rent Controller and Appellate Authority had been conferred the powers of Civil Court under the Code of Civil Procedure for the items specified in S_20(al_ (bl_ (cl & (dl. Sindh Rented Premises Ordinance, 1979, meaning thereby that Code of Civil Procedure, 1908, as a whole had not been made applicable---Party to the proceedings under Sindh Rented Premises Ordinance,…

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