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 lay upon-landlord to establish that tenant had not paid or tendered rent---If the landlord had once stated in the Court in affidavit that the rent had not been paid to him by tenant, then burden would shift to the tenant to prove affirmatively that he had paid or tendered the rent to landlord---Landlord who examined himself had testified in Court on oath that tenant had failed to pay or tender rent to him---Evidence of landlord remained unrebutted and tenant had failed to prove by producing any documentary evidence that he had paid rent to the landlord---Tenant had also admitted that he was not paying or tendering rent in the Court---Tenant was rightly found to be defaulter of rent by Rent Controller in circumstances. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Bona fide personal need of landlord---Landlords by adducing evidence on record had proved that two of the landlords who were married had children and remaining though were unmarried, but were grown up and had reached their marriage stages but could not contract marriages for want of proper accommodation---Testimony of landlords was neither shattered nor tenant could adduce any evidence contrary to the same--­Ejectment order passed against tenant by Rent Controller being just and proper, could not be interfered with in circumstances. JUDGMENT Impugned in this first rent appeal is the order dated 29-4-2000 passed by First Rent Controller, Shikarpur, whereby the ejectment application filed by the respondents was allowed and the appellant was directed to hand over the vacant possession of the disputed prenuses within one month to the respondents. The brief facts stated in the ejectment application are that the disputed property was allotted to the father of respondents by Deputy Settlement Commissioner on 23-4-1960 in an open auction. The record was mutated in city survey in the name of their father Sikandar Ali. The property was then gifted by him to his sister Mst. Razia on 15-6-1974 and the same was exchanged vide R.D. No.803 -dated…

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