2014 CLC 1695 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD RIAZ SHAIKH VS IFTIKHARUDDIN Burden of Proof--TERM , Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--15 , Ss. 10, 13 & 15---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Default in payment of rent---Burden of proof---Scope---Non-payment of rent was a negative fact---Landlord appeared in Court and stated on oath that he had not received rent for a certain period, in such circumstances, burden lay on landlord would sufficiently discharged and the same was shifted upon tenant to prove affirmatively that he had paid or tendered such rent.