| Citation(s) |
|---|
| 1998 SLG 841 1998 SLD 841 1998 SCMR 2085 |
Supreme Court of Pakistan
Civil Appeal No.928 of 1995, decision dated: 8-06-1998 (On appeal from the judgment dated 4-12-1994 of the High Court of Sindh, Hyderabad Circuit, in FRA No. 98 of 1991), hearing DATE : 26-05-1998
MUHAMMAD BASHIR, JEHANGIRI AND WAJIHUDDIN AHMED, JJ
Ghias-ud-Din Mirza, Advocate-on-Record for Appellant. Muhammad Munir Peracha, Advocate Supreme Court for
Respondent
Civil Appeal No.928 of 1995, decision dated: 8-06-1998 (On appeal from the judgment dated 4-12-1994 of the High Court of Sindh, Hyderabad Circuit, in FRA No. 98 of 1991), hearing DATE : 26-05-1998
MUHAMMAD BASHIR, JEHANGIRI AND WAJIHUDDIN AHMED, JJ
Ghias-ud-Din Mirza, Advocate-on-Record for Appellant. Muhammad Munir Peracha, Advocate Supreme Court for
Respondent
Dr. AFTAB AHMED KHAN
VS
Mst. ZAIBUN NISA
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)--S. 16---Constitution of Pakistan (1973), Art. 185(3)---Tentative rent order--Default---Striking off defence---Leave to appeal was granted by Supreme Court, inter alia, on the ground that the default, if any, could be technical only in nature as visualized by Supreme Court in Noor Muhammad v. Mehdi PLD 1991 SC 711. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.16(2)---Tentative order of deposit of rent by Rent Controller---Order of deposit showed that such deposit was "up to September, 1989"---Word "up to" carrying the meaning "as far as", a particular level, number, amount, point etc. which implies that when it is stated without anything more, that the deposits would be "up to September, 1989" such may or may not include the month of September itself though the months preceding September would definitely be included ---Principles---Am6unt expected to be deposited, qua periodically, having become uncertain, accruing dues in the circumstances, for the ensuing period also came to suffer the same infirmity. The order of tentative deposit showed that such deposit was "up to September, 1989". The words "up to" carrying the meaning "as far as", a particular level, number, amount, point etc. This, in turn, implies that when it is stated without anything more, that the deposits would be "up to September, 1989" such may or may not include the month of September itself though the months preceding September would definitely be included. If the intendment behind the phraseology was designed to definitively include the month of September as well, a more accurate statement would be, "up to and inclusive of September, 1989". To such extent, accordingly, the order of deposit, which did not spell out the number of months involved, was indefinite, ambiguous and uncertain. It was possible, therefore, in the context, to read the order as excluding the month of September. Since the amount expected to be deposited, qua periodically, had thus become uncertain, the accruing dues, in the circumstances for the ensuing period also came to suffer with the same infirmity. (c) Sindh Rented Premises Ordinance (XVII of 1979)…
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