| Citation(s) |
|---|
| 2004 SLG 2703 2004 SLD 2703 = 2004 PLD 690 |
Supreme Court of Pakistan
Civil Petition No. 1171 of 2003, decided on 4th May, 2004.(On appeal from order dated 24-4-2003 of the High Court ofSindh, Karachi, passed in C.P. No. S-122 of 2003).
NAZIM HUSSAIN SIDDIQUI, C.J., ABDUL HAMEED DOGAR AND FAQIR MUHAMMAD KHOKHAR, JJ
Fazl-e-Ghani Khan, Advocate Supreme Court and M. S. Khattak, Advocate-on-Record for Petitioner. Nemo for
Respondent
Civil Petition No. 1171 of 2003, decided on 4th May, 2004.(On appeal from order dated 24-4-2003 of the High Court ofSindh, Karachi, passed in C.P. No. S-122 of 2003).
NAZIM HUSSAIN SIDDIQUI, C.J., ABDUL HAMEED DOGAR AND FAQIR MUHAMMAD KHOKHAR, JJ
Fazl-e-Ghani Khan, Advocate Supreme Court and M. S. Khattak, Advocate-on-Record for Petitioner. Nemo for
Respondent
SAFEER TRAVELS (PVT.) LTD., through Chief Executive Safeerul IslamVsMUHAMMAD KHALID SHAFI through Legal Heirs
Law: Sindh Rented Premises Ordinance (XVII of 1979)
Section: 16(2)
Law: General Clauses Act, 1897
Section: 10
Law: West Pakistan General Clauses Act, (IV of 1956)
Section: 9
(a) Sindh Rented Premises Ordinance (XXXIX of 1979)---------S.16(2)---West Pakistan General Clauses Act (VI of 1956), S.9--General Clauses Act (X of 1897), S.10---Default---Monthly rent was deposited by tenant with the delay of one day from the last date fixed by the Rent Controller on two occasions on account of the circumstances beyond his control as it was holiday on both the said days ---Effect--�Tenant could not be penalized as it was not possible to deposit the rent on the last day fixed by the Rent Controller on account of being Bank holiday and public holiday---Deposit of rent by the tenant on the day following the holiday would be deemed to be a valid deposit as if made on the last day fixed by the Rent Controller in terms of S. 16(l) of the Ordinance---Even where provisions of S.9 of the West Pakistan General Clauses Act, 1956 or S.10 of General Clauses Act, 1897, in terms did not apply, the principles underlying the said provisions could be invoked in appropriate cases in aid of justice, equity and good conscience-�Maxim lex non cogit ad impossibilia was also attracted in such cases.The State Life Insurance Corporation of Pakistan v. Kotri Textiles Mills (Pvt.) Ltd. 2002 SCMR 605: Malik Shoaib Anwar v. Bashir Hussain Shami and 2 others 1993 SCMR 535; Nasir Kamal Pasha v. Muhammad Ismail Khan PLD 1993 Kar. 192; Syed Masood Hussain and others v. Muhammad Saeed Khan and others PLD 1965 (W.P) Lah 11; Messrs Bisvil Spinners Ltd. and 2 others v. Ahmad Aziz Zia and another 1985 CLC 1207; Obaid-ud-Salam and others v. Faiz Muhammad Khan and others 1987 SCMR 216; Ikramullah and others v. Said Jamal 1980 SCMR 375; Mst. Mumtaz Begum v. Abdul Wahid 1990 CLC 1305: Noor Badshah v. Dr. Rana Arif Ali 1995 CLC 1830; Harinder Singh v S. Karnail Singh and others AIR 1957 SC 271; Pat Ram and others v Edwin Horward and others AIR 1931 Lah. 388; Ghulam Muhammad v. Mst. Raj Begum PLD 1962 (W.P) Quetta 136; Raja Pande v. Sheopujan Pande and others AIR 1942 All. 429; Kaushalendra Prasad Naryan Singh v. R. P. Singh and others AIR 1958 Patna 196 and Muthuvenkatapathy Reddy v. Kuppu Reddi and others AIR 1940 Mad. 427 ref.(b) West Pakistan General Clauses Act (VI of…