| Case ID |
1542b3e4-7ab3-4da7-b39e-d7bd4f041f3d |
| Body |
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| Case Number |
Constitutional Petition No. S-870 of 2011 |
| Decision Date |
Oct 24, 2014 |
| Hearing Date |
|
| Decision |
The petitioner's application for fair rent was dismissed as the appellate court's decision to enhance the rent from the date of filing the fair rent application was upheld. The court emphasized that the Rent Controller has the discretion to set the effective date of rent enhancement based on the facts of each case. In this instance, the court found no compelling reason to alter the effective date set by the appellate court, as the tenant had been paying an unchanged rent for 35 years. The decision underscored the importance of sound reasoning behind the exercise of discretion by the court, ensuring that the rights of the parties are determined based on the circumstances at the time of the legal proceedings. |
| Summary |
This case involves a constitutional petition regarding the enhancement of rent under the Sindh Rented Premises Ordinance. The petitioner, who had been a tenant for over 35 years, contested the appellate court's decision which set the effective date of rent enhancement from the date of filing the application rather than the date of the Rent Controller's order. The Supreme Court's precedent established that while the Rent Controller has discretion in setting the effective date, such discretion must be exercised with sound reasoning. The dismissal of the petition highlights the legal framework governing rent enhancement and the judicial interpretation of tenant rights under Pakistani law. Key issues discussed include the interpretation of relevant sections of the Sindh Rented Premises Ordinance and the Constitution of Pakistan, particularly Article 199, which addresses constitutional petitions. The ruling reinforces the necessity for courts to provide clear reasoning when exercising discretion in matters involving tenant rights and rent adjustments, ensuring fairness in landlord-tenant relationships. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
FAISAL ARAB, J
|
| Lawyers |
Umer Lakhani,
Muhammad Munir Khan,
Irshad Ahmed Panhwer
|
| Petitioners |
Mst. LUBNA FARAH
|
| Respondents |
another,
RAYMOND JAL HAP BYRAMJI
|
| Citations |
2015 SLD 2152 = 2015 MLD 674
|
| Other Citations |
Messrs Victor Restaurant v. State Life Insurance Corporation of Pakistan and others 2010 SCMR 745,
PLD 1994 SC 725,
PLD 2007 Kar. 485,
2010 CLC 1064
|
| Laws Involved |
Sindh Rented Premises Ordinance,
Constitution of Pakistan
|
| Sections |
8,
15,
199
|