Case Details

Citation(s)
1988 SLG 4005 1988 SLD 4005 = 1988 CLC 2433
Quetta High Court

Presented By:

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S. 13(3)(a)--Word 'children'--Connotation with reference to Rent Restriction Ordinance--Step son does not fall within purview of S.13 of the Ordinance--Word 'children' connotes real sons and daughters of first degree, excluding from that category those who are not 'off-springs' of marriage between spouses--Such connotation was indicative of blood relation of 'children' with landlord, which by implication in case of landlady would suggest to be 'children' born out of her womb--Word 'children', therefore, could not be legitimately extended to any other close relationship, like children of second degree or step children. Words and phrases legally defined by John-B Saunders find Edn. Vol. I, 252; Allah Wasaya v. Sultan Ahmed P L 1) 1976 Lah. 62; Syed Ibrahim etc. v. Dr. Mrs. Salima Firdause P L D 1982 Quetta 35; Adam Ali Hassan Ali v. Mst. Rubab Bai 1982 C L C 410; Muhammad Zahir Khan v. Ch. Shah Muhammad P L D 1980 Lah. 125; Tahir A. Khairullah v. Mst. Zareefun Nisa P L D 1968 Kar. 182; Dr. Miss I. Ali Muhammad v. Muhammad Shafiq P L D 1971 SC 494; Rustom Khudadad v. Arakan Furniture Mart P L D 1962 Kar. 79; Mumtaz Humayoon v. Major Habibur Rehman P L D 1969 Lah. 886; Abdullah Baluch v. Adam Ali P L D 1961 SC 28; Muhammad Israil Biswas v. Amrita Lal Choudhry P L D 1961 Dacca 25 and Sirajuddin v. Mst. Rehmat Bibi and others 1983 C L C 2090 ref. (b) Interpretation of statutes---- --- Generally broader and objective view more beneficial and conducive to spirit of law needs to be adopted--While interpreting neither any word could be added nor substracted from any statute as far as possible--Courts cannot introduce by implication certain words or meanings which otherwise do not exist--Cardinal principles of law require that when there is no ambiguity, the words of statute must prima facie be given their true meaning--Omission cannot be sought to be supplied when words apparently are simple and plain--Main purpose is always to ascertain and achieve real intent of the Legislature. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S.…
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