Law:

Section:

(a) Sindh Rented Premises Ordi-nance (XVII of 1979)--- ----S.15---Ejectment petition against dead person---Not competent. (b) Sindh Rented Premises Ordi-nance (XVII of 1979)--- ----S.15---Ejectment petition---Default in payment of rent by tenant---Burden of proof---Assertion of landlord on oath not to have received rent for disputed period would shift burden upon tenant to prove its payment. 1979 SCMR 182; PLD 2009 SC 183; 2006 CLC 71; 2007 MLD 1700; PLD 2001 SC 415; 2007 SCMR 761; PLD 2006 SC 457; 2011 CLC 19; PLD 1981 SC 522; 1993 SCMR 212 and Feroze Ahmed v. Zehra Khatoon 1992 CLC 735 ref. (c) Sindh Rented Premises Ordi-nance (XVII of 1979)--- ----Ss.15 & 21---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment proceedings---Constitutional petition challenging orders of Rent Controller and Appellate Court---Jurisdiction of High Court---Scope---High Court under Art.199 of the Constitution had no jurisdiction to serve purpose of second appeal against impugned orders---High Court would not embark upon re-examination of evidence to evaluate merits of impugned orders. Muhammad Latif v. District Judge, Karachi (South) 2009 YLR 2234 rel. ORDER HABIB-UR-RAHMAN SHAIKH, J.---Through this Constitution Petition, the petitioner seeks to set aside the judgment passed by the learned Appellate Court/District Sessions Judge Karachi South in F.R.A. No. 135 of 2007 titled Haji Muhammad Yaseen (deceased) and others v. Swami Narayan Temple Trust Karachi, on 26-5-2010 and the judgment dated 18-5-2007 passed by the IXth Senior Civil Judge/Rent Controller, Karachi South upon the application under section 15 for the ejectment of the petitioner from the premises in question bearing Godown No.263, situated at Shahrah-e-Liaquat, Karachi in Rent Case No. 149 of 2003 titled (Swami Narayan Temple Trust Karachi versus Haji Muhammad Yaseen. 2. Brief facts of the case are that the deceased father of the petitioner, late Muhammad Yaseen, after paying a handsome amount of pugree, obtained a Godown No. 263, situated at Shahrah-e-Liaquat, Karachi, from Respondent No.1 at the monthly rent of Rs.25 sometime in the year 1960. In the year 1967, the said late Muhammad Yaseen,…

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