1986 CLC 1565 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD UMAR HASAN VS TAHZIBA KHATOON Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21(1)--eviction of tenant--Default in payment of rent--Burden of proof--Failure to discharge--Tenant in his written statement and affidavit-in-evidence stated that he had paid rent of premises to landlady but she did not issue receipts thereof--Tenant in his cross-examination stated that he paid rent to ex-landlady of premises but she did not issue any receipts--No suggestion in that respect was made to attorney of landlady who appeared in witness-box--Evidence of parties was consisting of oral assertions--Non-payment of rent being negative fact, statement of landlady on oath that she had not received rent would be sufficient to discharge her burden--Onus was shifted to tenant to prove affirmatively that he had paid or tendered rent for period in question- Tenant, held, failed to discharge onus to prove factum of payment of rent in circumstances.--[Burden of proof].