Citation Name: 2025 MLD 1968 KARACHI-HIGH-COURT-SINDHBookmark this Case Zia Ansari vs Hafiz Muhammad Ashraf Ss

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Citation Name: 2025 MLD 1968 KARACHI-HIGH-COURT-SINDHBookmark this Case Zia Ansari VS Hafiz Muhammad Ashraf Ss. 10 & 15(2)(ii)---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Default in payment of rent and bona fide personal need---Ejectment application filed by the landlord/respondent was allowed by the Rent Controller, which was upheld by the Appellate Court---Validity---Petitioner/Tenant in his evidence had admitted that he had sent the rent for four months, that is, July, August, September and October, 2014, through Money Order in the month of October, 2014 and that as per agreement, he was bound to pay monthly rent in advance latest by 5thof each calendar month---Previous conduct of the petitioner showed that he had defaulted in payment of rent, as he cleared the rent subsequently in installments---Petitioner admitted in his testimony that as per the agreement he had to pay the rent by 5thof each month, thus, rent of July 2014 should have been paid within 15 (fifteen) days, which admittedly was not done--It was not necessary that there should be a written tenancy agreement, but the standard practice between a landlord and tenant to pay and receive the rentals, which also constituted an agreement, should be adhered to while paying rent---If the acceptable practice between the landlord and tenant was that rent was to be paid by 5thof each month, then Sub-S. 2 (ii) of S. 15 would be applicable, that is, rent should be paid within fifteen days when the rent was due---Non-payment of rent carried a penal consequence, thus, evidence given by the parties must be construed strictly and in the event of a probable doubt, it must be resolved in favour of tenant rather than landlord---Plaintiff cannot get benefit from the weaknesses of the defendant's evidence alone, rather plaintiff has to prove his case on its own strength---Jurisdiction was exercised correctly by Courts below---Constitutional petition was dismissed, in circumstances.

Citation Name: 2025 MLD 1968 KARACHI-HIGH-COURT-SINDHBookmark this Case Zia Ansari vs Hafiz Muhammad Ashraf Ss — 2025 MLD 1968 KARACHI-HIGH-COURT-SINDH

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