2024 CLC 1776 LAHORE-HIGH-COURT-LAHORE

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GHULAM DASTGIR SIDDIQUI VS Mst. ELIZBETH S. 17---eviction of tenant---Default in payment of rent---Onus to prove---Rent Controller dismissed ejectment petition filed by the appellants / landlords---Validity---One of the appellants / landlords ,while appearing as a witness, categorically asserted that the respondents / tenants had defaulted in payment of rent w.e.f. January, 2013---Though said assertion was refuted by the respondents / tenants in their reply but they had failed in discharging the onus---When the landlord seeks eviction of his tenant(s) on the ground of default in payment of rent, he has to only assert the factum of default supported by affidavit and the onus then would shift upon the tenant(s) to prove that he/they has/have not defaulted in payment of rent---Rent Controller founded his conclusion by wrongly relying upon evidence produced by the respondents / tenants---Thus, the appellants / landlords remained successful in proving that the respondents / tenants committed default in payment of rent---High Court set aside the impugned order passed by the Rent Controller ; consequently , the ejectment petition stood accepted and the respondents / tenants were directed to hand over the vacant possession of the rented-premises (house) to the appellants / landlord within thirty (30) days---Appeal , filed by the landlords, was allowed.