Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Sindh Rented Premises Ordinance, (XVII of 1979), S. 8--Constitutional petition--Fair rent--Determination--Landlord filed application before Rent Controller for fixation of fair rent but being not satisfied with the rent fixed--Appeal was preferred--Appellate Court allowed the appeal, enhanced the rate of rent and directed the tenant to deposit the arrears' at the rate of rent fixed, from the date of institution of the application--Plea raised by tenant was that as delay in deciding application for fixing the fair rent was caused by landlord, therefore, she be allowed to pay fair rent from the date of order passed by Appellate Court--Validity--Date for payment of fair rent was to be fixed according to the facts and circumstances of each case--No hard and fast rule existed that fair rent was to be paid from the date of institution of rent application--Although Rent Controller or for that matter Appellate Court were bestowed discretionary powers to fix fair rent from the date of institution of rent application or from the date of the order or even from a date in between the two events, however such discretion was to be exercised judiciously and reason should be assigned for fixing the fair rent from a particular date--Neither Rent Controller nor Appellate Court had assigned any reasons to justify payment of fair rent from the date of institution of rent application--High Court modified the of Appellate Court and directed the tenant to pay fair rent from the date of the order passed by Appellate Court--Petition was allowed. [P. 345] A & B 2001 SCMR 671; 1994 SCMR 2115 and 2001 SCMR 1103 rel. Order Muhammad Moosa K. Leghari, J.--Through this Constitut-ional Petition, the petitioner has assailed judgment dated 21.9.2006 passed by V Additional District Judge, Karachi South whereby fair rent payable by the petitioner/tenant was fixed at Rs. 6400 per month from the date of institution of rent application viz. 3-2-1993 and has prayed for modification in the judgment to the extent that petitioner may be permitted to pay the fair rent at Rs. 6400 per month from the date of impugned judgment. 2. The relevant facts are; that…

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