Case Details

Citation(s)
2018 SLG 510 2018 SLD 510 2018 PLD 81
Supreme Court of Pakistan
Civil Appeals Nos. 300, 346, 812 and 851 to 854 of 2017,decision Date : 21-12-2017, hearing Date :20-9-2017.(Against the judgments Dated 03.08.2016,16.01.2017, 14.04.2017, 22.1.2016, 19.04.2017 and 05.05.2017of the Islamabad High Court, Islamabad pass
UMAR ATA BANDIAL, JUSTICE, FAISAL ARAB, JUSTICE
Muhammad Ilyas Sheikh, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellants (in C.A. 300/2017).Naveed Malik, Advocate Supreme Court for Appellants (in C.A. 346/2017).Junaid Akhtar, Advocate Supreme Court for Appellants (in C.A.

WAQAR ZAFAR BAKHTAWARI AND 6 OTHERSVS HAJI MAZHAR HUSSAIN SHAH AND OTHERS

Law: Islamabad Rent Restriction Ordinance, 2001

Section: 6 & 17(2)(ii)(b)

(a) Interpretation of statutes -------Conflicting provisions within a statute---Purposive and harmonious construction---Scope---While interpreting the law, a specific provision of any statute, which was independent in nature, could not and should not ordinarily be held to be redundant, especially on the touchstone of another independent provision of the same statute---All possible efforts should be made to apply and adhere to the rules of purposive and harmonious construction, so that the allegedly conflicting provisions should be reconciled and saved.Combind Investment (Pvt.) Ltd. v. Wali Bhai PLD 2016 SC 730; Lucky Cement Ltd. v. Commissioner Income Tax, Zone Companies, Circle-5, Peshawar 2015 SCMR 1494; Aftab Shahban Mirani v. Muhammad Ibrahim PLD 2008 SC 779; Collector of Sales Tax and Central Excise (Enforcement) and another v. Messrs Mega Tech (Pvt.) Ltd. 2005 SCMR 1166; Mirza Shaukat Baig v. Shahid Jamil PLD 2005 SC 530 and D.G. Khan Cement Company Ltd. v. Federation of Pakistan and others 2004 SCMR 456 ref.(b) Words and phrases -------'Valid'---Meaning.Black's Law Dictionary Fifth Edn. and Words and Phrases (Permanent Edn.) Vol. 44 ref.(c) Words and phrases -------'Invalid'---Meaning.Words and Phrases Permanent Edn. Vol. 22-A ref.(d) Islamabad Rent Restriction Ordinance (IV of 2001)-------Ss. 6 & 17(2)(ii)(b)---Eviction of tenant---Grounds---Expiry of tenancy period---After expiration of the tenancy period, a tenant, though could continue to hold over the possession of the rented premises, but his tenancy was rendered invalid, in that, it had come to an end, and if there was no express consent of the landlord to extend the tenancy period the tenant shall be guilty of having infringed the conditions of tenancy, rendering him liable to be evicted under S.17(2)(ii)(b) of the Islamabad Rent Restriction Ordinance, 2001.THIS ORDER PASSED BY: MIAN SAQIB NISAR, CHIEF JUSTICE:---.--- All these appeals with the leave of the Court primarily involve the same proposition of law, therefore, are being disposed of together. 2. In all these cases, the appellants are the tenants of the respondents/landlords and the premises in question are situated in the…
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