Through this Constitutional Petition Abdul Shakoor petitioner wants this Court to declare the order dated 19-3-1987 passed by the learned District Judge, Bahawalpur to the extent of enhancement of monthly rent from Rs.200 to Rs.600 p.m.To be without lawful authority and on no legal effect.
2. The facts leading to this petition, briefly, are that respondent No.1 had filed a suit for possession by pre-emption on the basis of being tenant against Malik Muhammad petitioner. The suit was resisted, issues were framed, the parties led their evidence and trial Court/A C, decreed the suit on 14-1-1980. The appeal filed by Malik Muhammad petitioner against this judgment and decree failed on 12-2-1984. Feeling aggrieved thereby, the petitioner filed revision before the learned Member, Board of Revenue, which was also dismissed on 9-5-1985, hence this petition. Learned counsel for the respondents frankly stated that he was not in a position to defend the order to the extent of enhancement of monthly rent from Rs.200 to Rs.600.
4. I have considered the matter. I find that there was no application for the enhancement of the rent either before the learned Rent Controller or before the learned District Judge, Bahawalpur, that the monthly rent was not in dispute and that there was no material before the learned District Judge justifying the enhancement of rent from Rs.200 to Rs.600. For all these reasons, there is no option but to declare the order dated 19-3-1987 of the learned District Judge to the extent of enhancement of monthly rent from Rs.200 to 600, to be without lawful authority and of no legal effect. The petition is, therefore, accepted, leaving the parties to bear their own costs.