2017 CLCN 228 KARACHI-HIGH-COURT-SINDH

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STATE LIFE INSURANCE CORPORATION OF PAKISTAN VS BRITISH HEAD AND FOOTWEAR STORES Ss. 8 & 9---Constitution of Pakistan, Art. 199---Constitutional petition---Fair rent, determination and fixation of---Factors to be considered---Rent Controller had to take into consideration the rent of similar premises situated in the similar circumstances in the same or adjoining locality while fixing the fair rent---Specific premises situated in the same or adjoining locality should be considered which had similarity to the premises in question---Premises in question was situated in the heart of city---Fair rent fixed by the Appellate Court seemed to be on lower side which was enhanced from Rs. 5,000/- to Rs. 10,000/- per month---Rent Controller was competent to order the payment of fair rent either from the date of institution of eviction application or from the date of order fixing the fair rent or even from the date in between the two dates keeping in view circumstances of the particular case---Tenant would pay Rs. 10,000/- per month from the date of filing petition for fixation of fair rent which would remain operative for three years and after first three years it would be deemed to have been increased by 25% and in like manner after every three years up to the date tenant remained in possession of the premises the rent then existing, should be increased by 25%---Constitutional petition was disposed of accordingly.