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210/2007 Const. P. Muhammad Swaleh (Petitioner) V/S Mst. Asma Yasin & Ors (Respondent)

Sindh High CourtProperty & Rent2018

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)

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210/2007 Const. P. Muhammad Swaleh (Petitioner) V/S Mst. Asma Yasin & Ors (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 12-APR-18

The burden of proving payment of rent in advance was in fact apparently discharged when on a suggestion the petitioner/tenant himself admitted in the cross-examination that the rent was payable on or before 10th of each calendar month. Thus, the tenant had only a grace period of 15 days for its payment on its becoming due. Rent was due on 10th of each calendar month and grace period of 15 days makes it 25th of each month. The money order for the month of December 2001 and January 2002 was in fact tendered on 19.02.2002, by the time the default for these two months at least had already been committed.

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