2024 YLR 269 KARACHI-HIGH-COURT-SINDH

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Mst. HAWA ABDUL RAZZAK VS ABDUL REHMAN TAAR WALA S. 15---eviction of tenant---Default in payment of rent---Absence of bona fide to pay rent---eviction order was concurrently passed against the petitioner/tenant---Validity---Neither the petitioner/tenant rebutted relationship of landlord and tenant amongst the parties nor he brought any material to state as to when and how he had paid the rent amount for the last four years or so---At no point of time, petitioner had agitated to show his bona fide to pay rent to the respondent/landlord, and even had not pleaded the same before the Tribunal---Record was silent, on the part of the petitioner/tenant, about payment of rent amount during the period of default and receipts thereof---Moreover, the petitioner/tenant had failed to shake the evidence brought on record with regard to the default in payment of rent---Once a default was committed by a party, it would make him liable to be evicted from the premises---No illegality or infirmity was noticed in the impugned orders and judgments passed by both the Courts below, constitutional petition was dismissed, in circumstances.