1995 MLD 408 KARACHI-HIGH-COURT-SINDH

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AZIZUR REHMAN VS ABDUL KHALIQ Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979 ----S.10---Mode of payment of rent---Tenant was under obligation to pay rent to landlord---Landlord on receipt of such rent would acknowledge receipt thereof in writing---Where landlord had refused or avoided to accept rent, law would permit tenant to send the same by money order or to deposit the same with Rent Controller within whose jurisdiction premises in question were situated- --Initial burden of proof would be on landlord to prove that tenant had not paid or tendered rent---Landlord having proved the factum of non-payment of rent, had discharged his burden---Tenant, thereafter was required to prove affirmatively that he had paid or tendered rent for the disputed period---Tenant, however, had miserably failed to prove payment of rent for the requisite period, thus making himself liable for eviction from premises in question.