MUHAMMAD HUSSAIN vs Mian MAHMOOD AHMAD AND 3 Other — 1960 PLD 862

Citation: 1960 PLD 862

Court: Lahore High Court

Year: 1969

Decision Date: 1969-05-26

Parties: MUHAMMAD HUSSAIN vs Mian MAHMOOD AHMAD AND 3 Other

Headnotes

Case cited as PLD 1960 Lah. 862

Judgment Text

Court Name: Lahore High Court Judge(s): Nasim Hasan Shah, Sardar Muhammad Iqbal Title: MUHAMMAD HUSSAIN vs Mian MAHMOOD AHMAD AND 3 Other Case No.: Second Appeal from Order No. 11 of 1969 Date of Judgment:1969-05-26 Reported As: PLD 1970 Lahore 140 Result: E. JUDGMENT JUDGMENT SARDAR MUHAMMAD IQBAL, J.-In subsection (6) of section 13 of the West Pakistan Urban Rent Restriction Ordinance (VI of 1959) (hereinafter referred as the Ordinance), as amended by section 5 of Ordinance XXI of 1965, it is provided : "In proceedings under this section on the first date of hearing or as soon as possible after that date and before issues are framed, the Controller shall direct the tenant to deposit all the rent due from him and also to deposit regularly till the final decision of the case, before the fifteenth day of each month, the monthly rent due from him . . . . . The question which has been referred to this specially constituted Division Bench is as to what is the correct interpretation of the phrase "before the fifteenth day of each month" as used in the aforementioned subsection. The tenants' plea is that the phrase be construed to mean including the fifteenth day of the month, whereas' the landlords plead that the word "before" excludes the fifteenth day of the month. 2. It is well established that in construing a statute it is the duty of the Court or a Tribunal to determine th--e expressed intention of the Legislature. The primary rule of interpretation undoubtedly is that if…

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