1. ' This appeal calls in question the order passed by the learned Bird Senior Civil Judge and Rent Controller, Karachi West, dated 14-4-1988, dismissing the appellant's application filed under section 8 of the Sindh Rented Premises Ordinance, 1979 for fixation of fair rent. The learned Controller has dismissed the application and declined to fix fair rent. Although various reasons have been enumerated in the impugned order for dismissal of the application, but a perusal of the order shows that the provisions of section 8 of the Sindh Rented Premises Ordinance, have not been properly understood by the learned Controller. Even Mr. Iftikhar Jawed Qazi, the learned counsel for the respondent, concedes that notwithstanding the fact that the rent for the premises had been enhanced from Rs,290 p.m. To Rs,360 p.m., the learned Controller still could not have declined to exercise his jurisdiction under section 8 of the Sindh Rented Premises Ordinance. The bar referred to under section 9 of the said Ordinance would apply only, after fair rent of any premises has already been fixed by the Rent Controller. Section 8 shows that the Rent Controller is under an obligation to determine fair rent of the premises after taking into consideration different factors enumerated in clauses (a) to (d) of the said section. There is, therefore, a clear refusal on the part of the learned Controller to exercise jurisdiction vesting in him under the law which he could not have done. Under the circumstances, by consent, the case is remanded to the learned Controller for a fresh disposal in accordance with law. Both the parties shall be at liberty to lead further evidence if they find the same necessary before the learned Controller. The appeal stands disposed of in the above terms with no orders as to costs.