Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)------S. 15(2)(ii)---Default in payment of rent---Burden of proof---Initial burden of proof of default would be on landlord and once he entered the witness-box and denied receipt of rent due against tenant, onus of proof would shift to the tenant who would legally be required to affirmatively establish by satisfactory evidence that in fact he had paid rent due and that no default was on his part. (b) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S. 15(2)(iii)(a)---Subletting-r-Proof---In order to create subletting, right to exclusive possession and enjoyment of premises should be conferred upon or assigned to sub-lessee---Mere casual presence of alleged sub-lessee at shop in question and looking after the business of a person, would not by itself amount to transfer of possession and enjoyment of shop in dispute and at any rate would not amount to subletting. JUDGMENT This Appeal is directed against the eviction order dated 27-8-1989 passed by a learned Controller, Hyderabad directing eviction of the appellant from the shop premises bearing C.S. No.B-1862/5, Ward 'B', Tilak Chart Hyderabad on the ground of default in payment of rent from April, 1977 till the filing of the ejectment. By the same order learned Controller held that sub­letting of the shop by the appellant in favour of respondent No.2 i.e. Noor Muhammad as pleaded by the respondent No. l was not proved. 2. Appellant is the tenant of the demised premises at a monthly rent of Rs.125 by virtue of rent agreement Exh.34, dated 15-6-1974 valid for a period of eleven months with effect from 1-7-1974 with stipulation that the rent was payable on or before 5th of each calendar month. His ejectment was sought on the ground of default in payment of rent with effect from April, 1977 as well as subletting in favour of respondent No.2. 3. Appellant resisted the eviction proceedings and filed a written statement denying the default in payment of rent categorically maintaining that rent had been paid to the respondent-landlord till September, 1978. He further pleaded that when the rent for October and November, 1978 was offered, the respondent refused to…

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