1994 SCMR 2288 SUPREME-COURT

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ARSHAD MUHAMMAD KHAN VS KALSOOM BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Death of original tenant---Default in payment of rent---Proof--Burden of proof of default in payment of rent was primarily on landlord---In absence of any allegation or satisfactory evidence determination of default committed by original tenant during her lifetime was very difficult because it was within her personal knowledge whether she regularly paid the rent or not--No substantial reasons were advanced by landlord for not invoking jurisdiction of Rent Controller for eviction of tenant on the ground of default during her lifetime---High Court had rightly found that it was incumbent on landlord to prove that original tenant had died at least sixty days before the filing of application to make her successor liable for eviction on the ground of default in her individual capacity.