Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S. 8---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the question as to whether the of High Court was in consonance with the provisions of S. 8, Sindh Rented Premises Ordinance, 1979 and whether High Court was justified in enhancing the rate of rent with retrospective effect i.e. from the date of the application and not from the date of order as was ordered by the Rent Controller. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 8---Fair rent, fixation of---Method---Rent Controller can fix fair rent from the date of application or from the date of order or even from the date in between the said two dates keeping in view the circumstances of a particular case---If the appeal against the order fixing the fair rent is filed, the Appellate Court is competent to fix a date for payment of fair rent. No date has been fixed for the payment of fair rent in section 8 of the Sindh Rented Premises Ordinance. The fair rent is to be fixed keeping in view the factors mentioned in section 8 of !he Ordinance. 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 Rent Controller is competent to order the payment of fair rent from the date of order. But it does not mean that the Rent Controller cannot fix fair rent from the date of application. Where the statute does not provide a date, he can fix the date for the payment of fair rent either from the date of application or from the date of order or even from the date in between the above two dates keeping in view the circumstances of that particular case. In case the appeal is filed against the order fixing the fair rent, the Appellate Court is competent to fix date for the payment of fair rent. Ahmad Hussain v. Sherbanoo Alibhoy PLD 1962 Dacca 112 distinguished. Khyber Insurance Company Limited v. Pakistan National Shipping Corporation PLD 1994 SC 725; Miran Devi v.…

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