| Citation(s) |
|---|
| 1992 SLG 835 1992 SLD 835 1992 SCMR 2400 |
Supreme Court of Pakistan
Civil Appeal No.258-K of 1991, heard on 5-05-1992. dates ofhearing: 4th and 5-05-1992 (From the judgment, dated11-7-1991 passed by a learned Single Judge of the High Courtof Sindh in F.RA. No.60 of 1984)
AJMAL MIAN, SAJJAD ALI SHAH AND SALEEM AKHTAR, JJ. PER AJMAL MIAN, J.
Civil Appeal No.258-K of 1991, heard on 5-05-1992. dates ofhearing: 4th and 5-05-1992 (From the judgment, dated11-7-1991 passed by a learned Single Judge of the High Courtof Sindh in F.RA. No.60 of 1984)
AJMAL MIAN, SAJJAD ALI SHAH AND SALEEM AKHTAR, JJ. PER AJMAL MIAN, J.
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)--S. 15(2)(ii)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider the question that since no date for the payment of the rent in advance was specified in the expired tenancy agreement, 60 days grace period, was available. Syed Bahauddin v. Mst. Afsar Saeed 1984 CLC 1998 and Khalifa Hussain Ahmed v. Mst. S41 Bharai 1980 CLC 648 ref: (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss.15 & 16---Terms of an expired agreement as such, continue in operation, to the extent they were not repugnant to the law. Sk. Abdul Majid v. Akhtar Muhammad and 2 others PLD 1974 Quetta 13 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss.10, 15 & 16---Expressions "in advance", "monthly rent payable in advance" and "rent payable every month in advance"---Connotation---Monthly rent payable in advance---Meaning. Per Ajmal Mian, J.--- The expressions "in advance", "monthly rent payable in advance" and "rent payable every month in advance" have definite connotations. They do not suffer from any ambiguity as to cause any difficulty in their interpretation. The expression "in advance" means "something which is to be done before it is due". In other words, if monthly rent is payable in advance, it means that it is payable before it is due i.e. either on the last day of the preceding month or on the first day of the relevant month. Tonnelier v. Smith Weatherill & Company (1897) 13 TLR 560 and French Marin v. Compagnie Napolitaine D' Eclairage Et De Chauffage Parle Gaz (1921) LTR 833 applied. Mst. Rashid Begum v. Muhammad Mubin 1983 CLC 1458; Muhammad Arshad Butt v. Mrs. Abida Salahuddin alias Benish Hassan 1986 MLD 1750; Muhammad Ali through L.Rs. v: Additional District Judge, Faisalabad and others 1984 CLC 1619; Jamil Ahmad v. Abdul Karim 1984 CLC 1815; Syed Bahauddin v. Mst. Afsar Saeed 1984 CLC 1998; Stroud's Judicial Dictionary, 4th Edn. p.73; Black's Law Dictionary, 5th Edn., p.48; Ballentine's Law Dictionary, 3rd Edn., p.39; Webster's New World Dictionary of the American Language, College Edn., p.21 and Halsbury's Laws of England, 4th Edn., Vol. 13, para. 262…
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