2009 CLC 272 KARACHI-HIGH-COURT-SINDH

Full text

GHULAM HUSSAIN VS COURT OF VTH ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH 1983 SCMR 37, 1985 SCMR 1972, 1987 MLD 616, 1988 CLC 811, 1989 MLD 2882, 1990 SCMR 1070, 1993 CLC 175, 1993 SCMR 200, 1994 MLD 955, 1994 MLD 958, 1997 MLD 1030, 2000 CLC 1982, 2001 CLC 690, 2006 MLD 1135, PLD 1981 SC 246, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Default in payment of monthly rent---Proof---eviction order passed by Rent Controller against tenant on the ground of default in payment of monthly rent was maintained by Lower Appellate Court---Validity---Statement of landlord on oath was sufficient that no rent was paid to him and by saying so burden was shifted to tenant to prove payment of rent by positive evidence---Duty of tenant was to obtain a valid receipt of payment of rent---Even deposit of rent in court would be improper and invalid if no attempt was made by tenant to offer or tender rent through money order and deposit of rent after filing of rent application---Tenant had to prove his bona fide that he had tendered rent to landlord before filing of rent application---Even otherwise if notice had been sent through registered acknowledgement due on a proper address shown on an envelope, presumption could be taken to have been served on the addressee---Tenant did not offer or tender nor on the refusal of landlord rent was being deposited in the name of landlord---Only denial of notice was not sufficient after filing of rent application---Tenant could not deny or say that he had no knowledge in respect of ownership---Tenant had committed wilful default in payment of rent, as things were to be done in accordance with law, otherwise same might not be done---Tenant failed to point out any illegality or material irregularity, misreading and non-reading of evidence which required indulgence by High Court---Orders passed by two courts below were maintained by High Court being proper, legal and in accordance to law---Petition was dismissed in circumstances.