2022 CLC 1936 KARACHI-HIGH-COURT-SINDH

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Haji UMAR VS MUHAMMAD FAROOQ MOTAN Ss.10(1) & 10(3)---eviction petition---Payment of the monthly rent----Procedure---Burden to prove---Tenant was not entitled in law to deposit the rent with the Rent Controller without first offering/tendering the same directly to the landlord but only when, upon such offer/tender, the landlord had refused or avoided to accept the rent from tenant---Burden to prove the tender rent to the landlord and the refusal or avoidance by the landlord in accepting the rent from him laid upon the tenant----In the case in hand, respondent (tenant) had clearly failed in discharging the burden not only to prove the alleged first and second refusals (of accepting rent) by the petitioner (landlord), but also the tendering of rent by him to the petitioner through money order prior to depositing the same with the Rent Controller.