' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question order dated 14-3-1988 passed by the learned Additional District Judge/Lahore, whereby he dismissed the appeal of the petitioner against the order dated 4-10-1986 passed by the learned Rent Controller, Lahore whereby the petition of respondents Nos.3 to 5 herein under sections 4 and 5 of the Punjab Urban Rent Restriction Ordinance, 1959 {hereinafter called the Ordinance), was allowed.
2. The brief facts of the case are that respondents Nos. 3 to 5 filed application under sections 4 and 5 of the Ordinance for enhancement of the rent of a shop bearing No,12/15 Awan Market, Shadman Colony, Lahore, let out to the petitioner. The petitioner contested the application. In view of pleadings of the parties, the learned Rent Controller framed the following issues:-
(1) What should be fair rent of the disputed property and from which period? OP. Parties;
(2) Whether the respondent has paid an amount of Rs, 50,000 as Pagri to the petitioner. If so, to what effect? OPR.
(3) Relief.
3. After appreciating the evidence led by the parties, the learned Rent Controller increased the rent from Rs,500 per month to Rs,625 per month as fair rent. Issue No2 was decided against the petitioner. On appeal, the learned Additional District Judge, Lahore, after reappreciating the evidence, recorded a finding of fact that the rent of other shops in the area ranged from Rs,600 to Rs,700 per month and, therefore, concurred with the finding of fact recorded by the learned Rent Controller.
4. Mr. Pervaiz Mahmood Mian, learned counsel for the petitioner argued that respondents Nos.3 to 5 ad not led any satisfactory evidence justifying any increase in the rental of the disputed shop nor the Rent Controller and the learned Additional District Judge have taken into consideration the facts as mentioned in clauses. (a), (b) and (c) of subsection (2) of section 4 of the Ordinance while ordering the fixation of fair rent.
5. The contention is devoid of any force. No mode of inquiry has been prescribed in the Ordinance for determining the fair rent. The Controller is not obliged to frame issues arising from pleadings of the parties. He is merely required to be satisfied with regard to the bona fides of the landlord's claim regarding increase in the fair rent having regard to the considerations laid down in clauses (a), (b) and (c) of section 4 ibid. In the instant case, it is established on record that the rent of the similar accommodation in similar circumstances prevailing in the locality at the relevant time was ranging from Rs,600 to Rs,700 per month. Thus visualised, the increase of rent from Rs,500 to Rs,625 per month was not arbitrary or fanciful, particularly in view of the fact that the disputed premises are located in Shadman Colony, Lahore.
' In view of the above, I find no force in the writ petition, which is hereby dismissed, but there shall be no order as to costs.