2005 CLC 768 KARACHI-HIGH-COURT-SINDH

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SOHAIL VS Mst. RASHIDA BEGUM 2000 CLC 1813, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , --S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Default in payment of monthly rent---Payment of monthly rent---Onus to prove---Rent Controller dismissed the application but Appellate Court allowed the same and passed eviction order against the tenant---Plea raised by tenants was that the rent for the period from June 1995 to December 1998, was deposited in Court---Validity---Tenants failed to discharge the onus that they had actually tendered the rent to landlord from June, 1995 to December, 1998---Version of tenants that they deposited rent for the defaulted period in Court had given an inference of non-payment of rent for the period---Findings of Appellate Court to the effect that the tenants committed default in payment of monthly rent was not open to any exception---No illegality in the finding of Appellate Court having been found---Petition was dismissed in circumstances.