395/2006 Const. P. Israr Ul Haq & Ors (Appellant) V/S Mst. Zohra Jabeen & Ors (Appellant)

395/2006 Const. P. Israr Ul Haq & Ors (Appellant) V/S Mst. Zohra Jabeen & Ors (Appellant) Sindh High Court

Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author) Order Date: 27-FEB-17

The petitioners through instant constitutional petition has challenged the concurrent finding of facts by the learned courts below, whereby the Rent Controller allowed the fair rent case of the respondent, which order was subsequently upheld by the Rent Appellate Court. Section 8 of the Sindh Rented Premises Ordinance, 1979 was discussed. It was taken into consideration that law requires that while deciding such application the Rent Controller shall take into consideration the four factors as stated in clause (a) to (d) of subsection (1) of Section 8 of the Sindh Rented Premises Ordinance, 1979, including the rent of similar premises situated in the similar circumstances, in the same adjoining locality, the rise in cost of construction and repair charges, the imposition of new taxes, if any, after commencement of the tenancy and the annual value of the premises, if any, on which property tax is levied. If a party succeeds in establishing through evidence the aforesaid factors, the Rent Controller is required to examine cumulative effect of all four factors as enumerated in section 8(1) for fixation of fair rent. It was discussed that where there are concurrent findings of facts recorded by the Courts below, this Court under its Constitutional jurisdiction cannot reappraise the entire evidence in the matter, as such jurisdiction besides being discretionary in nature is very limited and not plenary in nature.