2014 CLC 1695 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD RIAZ SHAIKH VS IFTIKHARUDDIN 1986 CLC 705, 1989 SCMR 1670, 1990 MLD 1667, 1992 SCMR 46, 2010 MLD 1543, Constitutional petition--TERM , Proof and procedure--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 (petitioner)---Default in payment of rent---Rent paid through money order---Proof and procedure---Landlord (Respondent) sought eviction of tenant (petitioner) on account of willful default in payment of monthly rent---Ejectment application was initially dismissed by Rent Controller, the Appellate Court allowed appeal of landlord and consequently accepted ejectment application on account of default in payment of rent---Contention of the petitioner (tenant) was that he regularly paid rent through money order and also produced receipt of money order in his evidence and as such he did not committed any default in payment of rent---Validity---Where payment of rent by money order was disputed, it was proper to examine postal authorities to establish remittance, delivery and acceptance or refusal of such amount---Procedure prevalent for remitting money order required that money order should be tendered with a form by the postman and if it was accepted, a receipt was given by the payee and if it was refused, same was returned to the remitter with an endorsement of refusal and in case of acceptance receipt would be delivered to remitter---Mere receipt of remittance of money order, photocopy of which was filed by tenant, could not be created as an authentic document to prove that money order was remitted---Constitutional petition was dismissed.