2013 YLR 469 KARACHI-HIGH-COURT-SINDH

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KASHIF ANWAR VS DISTRICT JUDGE, HYDERABAD 1997 CLC 205, 1998 SCMR 2092, 2001 SCMR 338, 2009 MLD 367, PLD 2007 SC 504, Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Qanun-e-Shahadat Order 1984--117 , Qanun-e-Shahadat Order 1984--120 , Sindh Rented Premises Ordinance 1979--15 , S.15---Qanun-e-Shahadat (10 of 1984), Arts.117 & 120---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Proof---Onus to prove---Ejectment application filed by landlord was allowed by Rent Controller on the ground of default in payment of rent by tenant and eviction order was maintained by Lower Appellate Court---Validity---Non-payment of rent was a negative fact and if landlord appeared and stated on oath the he had not received rent for a certain period, it would be sufficient to discharge burden that lay upon him under law and then burden was shifted to tenant to prove affirmatively that he had paid or tendered rent---Only exception to such rule could be where landlord admitted non-issuance of rent receipts---High Court in exercise of Constitutional jurisdiction, declined to interfere in concurrent findings of fact by two Courts below and maintained eviction order passed against tenant---Constitutional petition was dismissed in circumstances.