Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent---Ejectment petition was allowed concurrently---Contention of tenant was that landlord had refused to receive rent after which he deposited the same with Rent Controller; and therefore, he was not a wilful defaulter---Validity---Initially burden of proof would be on the landlord to prove that tenant had not paid rent---Landlord, in the present case, filed affidavit wherein he stated that rent was not tendered to him and in such circumstances when landlord disputed the tender of rent to him, onus of proof shifted to tenant and he was required to affirmatively prove that he had paid rent during the disputed period---Contention of tenant that he had paid rent through money order to landlord's mother which he sought to establish through production of photocopies of money order coupons; did not indicate that the same were delivered to the landlord's mother or that she refused to receive rent---Original coupons of money order were not produced by tenant---Mere receipt of remittance of money order which was a photocopy, could not be treated as an authentic document to prove that money order was remitted---Deposit of rent in office of Rent Controller in absence of any refusal by landlord would not be a valid tender in the eyes of law---Orders of courts below were justified---Constitutional petition was dismissed, in circumstances. Muhammad Asif Khan v. Shaikh Israr 2006 SCMR 1872 and Bashir Ahmed v. Messers Roots School Network 2011 SCMR 290 ref. Zafarullah Khan v. Abu Bakar 1995 CLC 23 and Jawaid Ashraf Khan v. Mst. Suriya Begum 1999 MLD 2886 distinguished. Muhammad Suleman v. Messrs Alvi Brothers 1991 CLC 1068 rel. Mazhar-ul-Islam for Petitioner. Shaikh M. Mushtaq for Respondents. Date of hearing: 4th October, 2012. ORDER ABDUL RASOOL MEMON, J.--- By this Constitution petition the petitioner has challenged the orders dated 13-10-2009 in First Rent Appeal No.94 of 2009 passed by the Vth Additional District Judge Karachi (Central), whereby the order dated 28-5-2009 passed in Rent Case…

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