| Citation(s) |
|---|
| 1991 SLG 561 1991 SLD 561 1991 PLD 844 |
Supreme Court of Pakistan
Civil Appeal No. 328-K of 1990, decision dated: 28th April1991
ALI HUSSAIN QAZILBASH AND AJMAL MIAN, JJ
K.A. Ghani and KA. Wahab, Advocateson-Record for Appellant.S. Zaki Muhammad, Advocate Supreme Court and A. Aziz Dastgir, Advocate-on-Record.
Civil Appeal No. 328-K of 1990, decision dated: 28th April1991
ALI HUSSAIN QAZILBASH AND AJMAL MIAN, JJ
K.A. Ghani and KA. Wahab, Advocateson-Record for Appellant.S. Zaki Muhammad, Advocate Supreme Court and A. Aziz Dastgir, Advocate-on-Record.
ABDUL REHMANvsHaji MIR AHMAD KHAN
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)------- S.16(1) --- West Pakistan General Clauses Act (VI of 1956), S.9 --- Constitution of Pakistan (1973), Art. 185(3) --- Tentative rent order --- Leave to appeal was granted to consider the question whether the act of depositing of rent which was to be performed by the tenant having fallen within the notified vacations, his conduct of making the deposit on the re-opening of the Court would be deemed to be the performance of the original act on time with reference to S. 9, West Pakistan General Clauses Act, 1956. (b) West Pakistan General Clauses Act (VI of 1956)--- ---- S.9 --- Interpretation of S.9 Section 9 of West Pakistan General Clauses Act, 1956, indicates that it provides that where by any West Pakistan Act, any act or proceeding is directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed period and if the Court or office is closed on such day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken within the due time if it is done or taken on the next day afterwards on which the Court or office is open. The proviso to the above section excludes the application of the section to any act or proceeding to which the Limitation Act, 1908 applies. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----- S.16(2) --- Constitution of Pakistan (1973), Art. 199 --- Tentative rent order by Rent Controller --- Failure of tenant to deposit such rent in time because of notified vacations of Courts --- Rent Controller found that failure to deposit rent, in circumstances, was not default --- Question as to whether the lapse on the part of the tenant to deposit rent in time was default, being a pure question of fact, High Court, in its Constitutional jurisdiction, was not justified in interfering with the discretion of Rent Controller in circumstances. (d) West Pakistan General Clauses Act (VI of 1956 ) --- --- S.9 --- Limitation Act (IX of 1908), S. 4---Interpretation and construction o both the provisions --- Object of both the provisions is to allow the exclusion of the period during which the Court or office remained…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492