Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 129---Sindh Rented Premises Ordinance (XVII of 1979), S. 15(2)(ii)---Presumption of existence of fact---Landlord prior to filing ejectment case against tenant on ground of default, had served notice on tenant through A. D. Post regarding alleged default---Sending of that notice and its delivery on address of tenant were both proved through production of a postal receipt--­Tenant had denied service of that notice, but apart from his bare denial, tenant had led no evidence in support of his claim---Presumption under S. 114 of Evidence Act (Art. 129 of Qanun-e-Shahadat, 1984) existed that letter duly posted on a certain address was delivered at that address within usual time--­Such presumption vitas in respect of ordinary post and that had become all the more strong in case of registered post---No doubt, such a presumption was rebuttable and tenant denying service of letter sent to him by post had a right to lead evidence in that regard, but mere denial of receipt would not discharge onus placed upon tenant---Landlord had proved through postal receipt that he sent disputed notice to tenant on his correct address and had further proved its receipt at given address by producing A/D receipt---Mere fact that A/D receipt was signed by person other than tenant, was not enough to rebut presumption in favour of receipt of notice by tenant---Judicial notice could be taken of fact that Postman usually delivers registered letters to any adult person found at address given on registered letter and obtains his signatures on A/D slip ---HL1 , it could not be believed under the circumstances that tenant had not received the disputed notice. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(u)---Default in payment of rent---Landlord prior to filing ejectment application against tenant on ground of default in payment of disputed rent of premises, admittedly served notice on tenant through A/D Post regarding alleged default, but despite receiving that letter tenant did not send any reply to that notice---If tenant had been tendering rent regularly and was not defaulter for a single month as stated by him, he would have…

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