| Citation(s) |
|---|
| 1981 SLG 140 1981 SLD 140 1981 SCMR 18 |
Supreme Court of Pakistan
Civil Appeal No. 79 of 1979, decision dated: 22-06-1980.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 25-6-1979, in S. A. O. No. 633/78)
ANWARUL HAQ, C.J. AND FAKHRUDDIN G. EBRAHIM, J
A. K. Dogar, Advocate instructed by Sh. Abdul Karim, Advocate-on. Record (absent) for Appellant. Bashir Ahmad Ansari, Advocate with Ch. Akhtar Ali, Advocate-on-Record for
Respondent.
Civil Appeal No. 79 of 1979, decision dated: 22-06-1980.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 25-6-1979, in S. A. O. No. 633/78)
ANWARUL HAQ, C.J. AND FAKHRUDDIN G. EBRAHIM, J
A. K. Dogar, Advocate instructed by Sh. Abdul Karim, Advocate-on. Record (absent) for Appellant. Bashir Ahmad Ansari, Advocate with Ch. Akhtar Ali, Advocate-on-Record for
Respondent.
MUHAMMAD BAQAR QURESHI
VS
Mst. RAZIA BEGUM
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S. 13(2)(i)-Eviction of tenant-Default in payment of rent Clause (i) of subsection (2) of S. 13-Comprises two parts dealing with two different and distinct situations--First part stipulates a situation where time for payment of rent fixed in agreement of tenancy-Phrase "rent due by him" in such case means rent becoming due according to terms of tenancy-Rent in such case if not paid within 15 days after expiry of time fixed in agreement, tenant, held, becomes liable to ejectment-Second clause deals with a situation where no agreement made between parties as to date or tune for payment of rent-Law in such case, held, allows tenant a period of 60 days from period for which rent remains payable-[Altaf Hussain v, Talib Hussain P L D 1977 Lah. 110 overruled].-[Interpretation of statutes]. Clause (i) of subsection (2) of section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 comprises two parts, dealing with two different and distinct situations. In the first: part it stipulates a situation where a tine is fixed in the agreement of tenancy for the payment of rent, and in such a case the phrase "rent due by him" means the rent which has become due according to the tennis of the tenancy: and if it is not paid within 15 days after the expiry o the time fixed in the agreement, then the tenant becomes liable to ejectment. In other words, the intention of the law clearly is to preserve the sanctity of the mutual contract as to the time agreed upon for the payment of rent, which becomes due on the date stipulated in the agreement. If the agreement stipulates the payment of advance rent by a certain date, then rent becomes due on that day, and the law allows a period of fifteen days for its payment after the expiry of the specified date, which is in the nature of a grace period for the benefit of tenants. The second part of the clause deals with a situation where there is no agreement between the parties as to the date or time by which the rent is to be paid; and in such a case the law allows the tenant a period of sixty days from the period for which the rent is payable. Altaf Hussain v. Talib…
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