WAPDA Commercial Bills

                              Commercial  Building. 

                                                       Defined. 

                       2004 CLC 293 (LAH) 

Dr.SHAGUFTA HUSSAIN

 

 Versus

 

WATER AND POWER DEVELOPMENT AUTHORITY

October 20, 2003 —

           LAHORE HIGH COURT LAHORE

 

Honorable Justice Maulvi Anwarul Haq Nasir Saeed Sheikh , Khalid Zaman. 

1. According to this writ petition the petitioner No. l is the lease holder of the plot mentioned in para. l of the writ petition where she has constructed a residential house to accordance with the plan approved by the Local Cantonment Board. She is residing there with her- husband petitioner No.2 (now deceased) and other family members. The electric connection is available in the house. It is then stated that some rooms in the house are used as a study/library by late petitioner No. 2 who was a practising lawyer. Regular payment of bills has been alleged. Grievance made out is that on 6-3-1999 a bill was served showing arrears from February, 1998 to February, 1999 after Calculating the same on commercial basis. It has been stated that it is a residential house and being used as such and the mere user, of a portion of the house for study/library by the late husband of petitioner No. l cannot be made basis for charging the entire premises on commercial basis.

2. This writ petition was admitted to regular hearing on 7-12-1999. A notice was issued. 1 find that the respondents were served and their learned counsel filed his power of attorney on 21-3-2000. No written statement has been filed till date.

3. Learned counsel for the petitioner contends that the premises in question is a residential house having been constructed as such and then being used as such and as such cannot be termed as a commercial premises for charging the same on the commercial tariff. He refers to the cases of v. Sasodharan v. Messrs Peter and Karunakar and others 1985 PSC 777, Dr. Devendra M. Surti v. The State of Gujarat Al R 1969 SC 63 and Gill Afzal Khan v. Muhammad Hanif Arif PLD 1979 Lah. 398. Learned counsel for respondents, on the other hand, contends that since admittedly portion of the house was being used by the late husband of the petitioner No. l as a study/library as a practising lawyer, the house is liable to be charged on the commercial rates.

4. I have given some thought to the respective contentions of the learned counsel for the parties. As stated by me above; a written statement has not been filed and it can be assumed that the facts stated in the writ petition stand admitted having not been denied. Now the position that emerges is that a house has been constructed which is being used for tile residence of the petitioner and her family members including her late husband; the petitioner No.2. He had used two rooms in the house for his study/library. Now it is true that the judgments cited by the learned counsel are with reference to the definition Of a commercial premises/ establishment under the Kerala and Bombay Shops and Establishment Acts respectively (Indian Supreme Court) and under the 'Punjab Urban Rent Restriction Ordinance, 1959 (this Court). However, the learned counsel for .the respondents has not been able to point out any definition of a commercial err a not-commercial/domestic premises under the Electricity Act. 1910 or WAPDA Act. 1958. I deem it proper here to reproduce the following observation of the Supreme Court of India in the said case of v. Sasodharan in para. 9.of the judgment at page 779 of the report: -

`Whatever may be the popular conception, or misconception regarding the role of today's lawyers and the alleged narrowing of the gap between a profession on one hand and a trade or business on the other, it is trite that traditionally, lawyers do not carry on a trade or business nor do they render services to `customers .

5. The term "commercial" has been defined as follows in Black's aw Dictionary (Fifth Edition) at p.245:--

"Commercial/Kamarshal/ Relates to or is connected with trade and traffic or commerce in general: is occupied with business and commerce. Anderson v. Humble Oil and refining Co. 2261 Ga. 252, 174 S.E.2d 415, 416. Generic term for most all aspects of buying and selling."

While tile term 'profession' has been so defined in the said Dictionary at pp.1089 and 1090 as under:-

"Profession. A vocation or occupation requiring special, usually advanced, education and skill: e.g. law or medical professions. Also refers to whole body of such profession.

The labour and skill involved in a profession is predominantly mental or intellectual, rather than physical or manual.

The term originally contemplated only theology, law, and medicine, but as application of science and learning are extended to other departments of affairs, other vocations also receive the name which implies professed attainments in special knowledge as distinguished from mere skill."

6. Having thus examined the file I do conclude that a building which is primarily a residential house occupied by the petitioner and her family members including her late husband, the petitioner No.2, would not be converted into a commercial building because of use of a few rooms therein by the late husband of the petitions as his library/study or for that matter even his office for the reason that the lawyers do not carry on a trade or business. The writ petition accordingly is allowed and the impugned demand of the respondents is declared to be illegal and void. No orders as to costs.

S.A.K./S-783/L Petition allowed.