| Citation(s) |
|---|
| 1969 SLG 4006 1969 SLD 4006 = 1969 PLD 12 |
Lahore High Court
First Appeal from Order No. 394 of 1964, decided on 9th October 1968
Presented By: Mushtaq Hussain, J
Zakiuddin Paul for
Respondent.Ch. Inayat Hussain for Appellant.
First Appeal from Order No. 394 of 1964, decided on 9th October 1968
Presented By: Mushtaq Hussain, J
Zakiuddin Paul for
Respondent.Ch. Inayat Hussain for Appellant.
SHAUKAT ALI alias SHOKA-Appellant
VERSUS
Sh. ABDUL HAMID-Respondent
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---- ----- Ss. 2 (12) & 30-Expression "business premises" used in S. 2(12) connotes land as well and covers open plot which is used for business-Evacuee land utilised for purpose of business (tethering cattle and running fuel-wood business) - Covered by definition "shop" for purposes of S. 30-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13. Where the question was whether the provisions of section 30 of the Displaced Person (Compensation and Rehabilitation) Act, 1958 applied to an "open plot" Held, in the beginning of section 2 (12) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 the expres sion used is "evacuee business premises" while later on, reference has been made to "building or premises". It, therefore, requires no argument to hold that the word "premises" has been used by the Legislature as a word of wider import than a building but capable of being used for expressing the idea of building also. This use of the word "premises" is not open to any objection either. The word "premises" has been defined in the Wharton's Law Lexicon, Fourteenth Edn., p. 791, as "it is, however, often used as meaning land or houses". The expression "premises" also connotes land and would, therefore, cover an open plot, unless the statute, in which it is being used, treats it as a word of art and it goes without saying that in such a case the interpretation clause of such statute will; state the meaning with which it is to be clothed in that statute. The word "premises" does not find any mention in section 2, which is the interpretation section of the Displaced Persons (Com pensation and Rehabilitation) Act, 1958. It is, therefore, proper that it should be given the meaning which it has in common, acceptation. A property other than a building, which is otherwise covered by the definition given in section 2 (12), would not be excluded from the definition of a shop for the purposes of section 30, simply…