Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. , 185---Appeal to Supreme Court---Appellant was not entitled to raise any ground of appeal on which leave was not' granted or which was not raised before High Court---Supreme Court would be within its rights to allow such ground of appeal where a, pure question of law was raised or non­ consideration of a material issue was likely to cause serious miscarriage of justice and prejudice to any of the parties. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 8---Fair rent, fixation of---Jurisdiction of Rent Controller---Duration of such fixation---Exercise of discretion---Scope---Provisions of S.8 of Sindh Rented Premises Ordinance, 1979, do not create any fetters on the power of the Rent Controller or the Appellate Authority, to fix the fair rent from a particular date---Very wide discretion has been conferred by law on the Rent Controller to fix the fair rent from the date of application or from the date of order and in suitable cases even from a date between the two events--­Discretion vested in the Rent Controller as well as Appellate Court is, however, not arbitrary or whimsical---Such discretion is to be exercised judiciously with great care and caution, being in the nature of public trust--­No inflexible rule of law could be laid down as to date of payment of fair rent as the same depends on the facts and circumstances of each case. H.Cooper v. State Life Insurance Corporation of Pakistan 1994 SCMR 2115; Khyber Insurance Company Limited v. Pakistan National Shipping Corporation PLD 1994 SC 725; Miran Devi v. Birbal Dass. AIR .1977 SC 219 and Raja Ram v. Sham Lal AIR 1954 Punjab 208 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 8---Fair rent, fixation of---Fixation of seventeen times higher rate of rent---Validity---Where value of property had appreciated in a particular locality, so also there had been increase in the cost. of construction; maintenance, repairs, renovation or increase in local taxes Property Tax etc. by the Legislature, the rate of rent could be revised which could be at higher percentage than the normal increase of 10% per annum---Such increase in rent was not…

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