CASE LAW.
---S. 8---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the question as to whether the judgment of High Court was in consonance with the provisions of S. 8, Sindh Rented Premises Ordinance, 1979 and whether High Court was justified in enhancing the rate of rent with retrospective effect i.e. from the date of the application and not from the date of order as was ordered by the Rent Controller.
Ref.1994 S C M R 2115(a).
---S. 8---Fair rent, fixation of---Court consuming sufficient time in disposing of application for fixation of fair rent---Supreme Court, to avoid the hardship, as a result of the act of the Court in that respect and in view of difficulty of the tenants for deposit of rent for about 10 to 12 years, allowed the tenants to pay the arrears of rent in six installments within the period of eighteen months.
Ref. 1994 S C M R 2115(c).
---S. 8---Fair rent, fixation of ---Method---Rent Controller can fix fair rent from the date of application or from the date of order or even from the date in between the said two dates keeping in view the circumstances of a particular case---If the appeal against the order fixing the fair rent is filed, the Appellate Court is competent to fix a date for payment of fair rent.
Ref. 1994 S C M R 2115(b).