MST. MASUDAH JAWAD THROUGH HER DAUGHTER versus STATE LIFE INSURANCE CORPORATION OF PAKISTAN, KARACHI
Article 8 Constitution of Pakistan (1973), Article 199 Constitutional Application Date of Fair Rent Payment The landlord filed an application with the rent controller to determine the appropriate rent but as the rent was not satisfied, the appellate court Allowed the appeal, increased the rate and instructed the tenant to submit the arrears at the fixed rent rate; from the date of application, the tenant had raised the decision to apply for a fixed rent. The delay was due to the landlord, therefore, he was allowed a date from the date allowed by the appellate court According to the facts and circumstances of each case furnished to pay rent should be set to pay a fair rent. There was no hard and fast rule that the fair rent was from the date of payment. Although the rental application agency, the rent controller or the appellate court for this matter was given arbitrary powers to determine fair rent from the date of the institute. The order of the rental application or the date of the order or even a date between the two events, however, such discretion was to be dealt with judiciously and the reason for the determination of fair rent from a particular date should be assigned. Nor did the Rent Controller nor the Court of Appeal assign any reasons for justifying the payment of fair rent from the date of the institution's rental application. The High Court amended the decision of the appellate court and directed the tenant to pay the fair rent from the date of the order passed by the appellate court.
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