1991 MLD 651 KARACHI-HIGH-COURT-SINDH

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FATAL HUSSAIN VS BUNDU HABAN 1984 CLC 755, 1986 CLC 1280, PLD 1985 Kar. 741, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(ii)---Default in payment of rent---Onus of proving that tenant had defaulted in payment of rent was on landlord---Landlord failed to discharge initial onus as he never issued any rent receipt and did not produce any book of account to show that rent for a particular month was not paid by tenant---Landlord admittedly had received certain amount from tenant in advance which could be adjusted towards monthly rent if there was any default---Landlord did not come to Court with clean hands as he suppressed fact that previously he had filed rent case for eviction of tenant---Order of Rent Controller ejecting tenant on ground of default was set aside in circumstances.