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MUHAMMAD HUSSAIN versus MUHAMMAD SUFIAN RIYAZ


Article 15 Constitution Pakistan, Article 199 Constitution Petition The tenant was allowed to evacuate on the basis of default on payment of rent only after the landlord refused to receive the rent, after which he submitted it to the rent controller. Was. And because of that, he was not deliberately defaulting initially, the burden of proof would be on the landlord to prove that the tenant did not pay the landlord rent; in the present case, he filed an affidavit in which He said that rent is not paid with him and in such cases. When the landlord disputed the rent tender, the proof was transferred to the tenant and he needed to prove he had paid the rent during the disputed tenant dispute. It paid the landlord's mother a money order, which led to her trying to produce a photocopy of the money order coupon. Did not indicate that it was conveyed to the landlord's mother or she refused to pay the rent The original coupon coupons were not offered by the tenant, which was a receipt for the money order delivery. , Which was a photocopy, could not be considered authoritative. In the absence of any refusal by the landlord to reject the money order, collecting the rent in the rent controller's office would not be a valid tender; the court orders were invalidated below, dismissing the constitutional request. Was done, in the circumstances \ r \ n

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