2010 PLP 745 (SCMR)

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 Controller, therefore, fixed the date of operation of fair rent from the date of the rent application viz. 16-5-1996. The appellant was dissatisfied with the said finding. Therefore, he has preferred the present appeal.

4. We have heard the learned counsel for the parties and gone through the record with their assistance. Section 8 of Sindh Rented Premises Ordinance, 1979 (hereinafter referred to as `the Ordinance') reads as under:

"Fair rent.

(1) The Controller shall, on application by the tenant on landlord determine fair rent of the premises after taking into consideration the following factors:

(a) the rent of similar premises situated in the similar circumstances, in the same or adjoining locality; (b) the rise in cost of construction and repair charges; (c) the imposition of new taxes, if any, after commencement of the tenancy; and (d) the annual value of the premises, if any, on which property tax is levied." A perusal of the above provision of law reveals that no date has been fixed for applicability of the enhanced fair rent as such a discretion lies with the learned Rent Controller to take the date of implementation from the date of filing of application or passing of the order or in between them. Reference is invited to Olympia Shipping and Weaving Mills Ltd. v. State 2001 SCMR 1103.

5. In the 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 the learned Rent Controller fixes the other date then he can take the date but for that he must assign reasons to do so. Thus there is no fault in the order of the learned High Court in concurring with the order of the Rent Controller. Therefore, the same is maintained.

6. However, the learned counsel for the appellants has requested that amount of fair rent may be ordered to be paid in instalments. The request appears to be fair, therefore, we direct the appellant to pay the arrears within a period of six months commencing from 1-2-2010 to be paid within 15 days in six equal instalments. In case, he fails to pay a single instalment, then the learned Rent Controller shall issue required writ to recover the amount without issuing any notice.

7. Resultantly, both the appeals are dismissed in the above terms. S.A.K./V-1/SC Appeals dismissed.