| Citation(s) |
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| 1980 SLG 3120 = 1980 SLD 3120 = 1980 SCMR 184 |
Civil Petition No. 181 of 1979, beard on .8th April, .1979. (On appeal from the judgment and order dated 28-2-1979 of the Lahore High Court at Lahore in S. A. O. No. 808 of 1976).
Presented By: Anwarul Haq, C. J.; Muhammad Akram and Karam Elahee Chauhan; JJ
Rangayya Apper Raw v. Bobba Seriramulu and others (1904) 27 Mad. 143;- Iltaf Hussain v. Talib Hussain P L D 1977 T ah. 110 and Muhammad Ashraf v. Muhammad Anwar P L D 1975 Pesh. 254 distinguished. S. M. Zafar, Senior Advocate Supreme Court instructed by S. Inayat Hussain Shah, Advocate-on-Record for Petitioner. Mian Nisar Ahmad, Advocate Supreme Court and M. Z. Khalil, Advocate-on-Record for
Respondent.
MUHAMMAD YUNUS MALIK-Petitioner
VERSUS
Mst. ZAHIDA IRSHAD-Respondent
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13(2)(i)
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(2)(i)-Words "Rent due"-Meaning.--[Words and phrases]. For proper interpretation the term `rent due' has got to be interpreted in the context of clause (i) of subsection (2) of section 13 - of the Ordinance read as a whole. It expressly visualises payment or tender of rent due within fifteen days after expiry of time fixed in agreement of tenancy or in absence of any such agreement within sixty. days from period for. which rent is payable. It expressly recognises agreement of tenancy, if any, between tenant and landlord which is respected. In it in matter of payment or tender of rent emphasis is laid on and prominence is attached to the time fixed for payment of rent in agreement of tenancy with landlord. So agreement, if any; has got to prevail. On a plain meaning time fixed in agreement for payment of rent might as well be in advance. Muhammad Ashraf v. Muhammad Sharif and 3 others P L 13 1971- Lah. 610 and Muhammad Alimullah v. Zia-ul-Islam P L D 1973 Kar. 56 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(2)(i)-Rent due-May be agreed upon. to be paid in advance but to be paid within period of grace. A period of grace has been prescribed for payment of rent by tenant to discharge his obligation. He must pay or tender rent within fifteen days after expiry of `time fixed in agreement' of tenancy or in absence of any such agreement within sixty days `from period for which rent is payable'. This distinction in phraseology employed between time fixed in agreement for payment and period for which rent is payable is quite significant and lends support to the view that the time specified for payment of rent in agreement might as well be in advance. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13.(2)(i)-Words "rent due"-Meaning and scope-Whether or not payment of rent fallen due under agreement-To be ascertained with reference to its own-A fortiori rent due in context to mean rent due under agreement of tenancy if any, including due under any stipu lation for advance payment of rent-Rent paid in advance, held,…