Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 8---Fair rent, increase in, implementation of---Scope---Such rent normally would be enforced from date of application---Rent Controller in his discretion could fix any other date after assigning reasons therefor---Principles. In Section 8 of Sindh Rented Premises Ordinance, 1979, no date has been fixed for applicability of the enhanced fair rent as such a discretion lies with Rent Controller to take the date of implementation from the date of filing of application or passing of the order or in between them. In normal circumstances, the fair rent is required to be enforced from the date of application, as the said date is the date from which the fair rent is to be determined after keeping in view the conditions mentioned in section 8 of the Ordinance. However, if Rent Controller fixes any other date, then he can take that date, but for that he must assign reasons to do so. Olympia Shipping and Weaving Mills Ltd. v. State 2001 SCMR 1103 rel. R.F. Virjee, Advocate Supreme Court and Abdul Saeed Khan Ghori, Advocate-on-Record for Appellants. Nemo for Respondents. Date of hearing: 23rd December, 2009. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.--- This single judgment will dispose of the above two appeals, as they arise out of a common judgment dated 27-2-2009. 2. In both the above matters, by a common order leave to appeal was granted by this Court on 7-5-2009. The operative part of the order reads as under:--- "We have heard learned Advocate Supreme Court for the petitioner. Leave to Appeal is granted to consider the effective date for enhancement of rent in the facts and circumstances of the case." 3. On the application of the respondents, the learned Rent Controller fixed the fair rent at the rate of Rs.6,500 per month, which was maintained upto the level of the High Court. The learned Rent Controller fixed the date of operation of the order from the date of filing of the rent application viz. 16-5-1996 but the Appellate Court took the view that the said order would be applicable from the date of order fixing the rent. The learned High Court in Constitution Petition concurred with the view of the learned Rent…

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