Hassan v. Iqbal – SLR – 147 – sllr 2001 volume 3 page 147

In the case between Hassan (Plaintiff-Appellant, landlord) and Iqbal (Defendant-Respondent, tenant), the court addressed the issue of whether the deterioration of leased premises was attributable to the tenant’s default and neglect under Section 22(1)(d) of the Rent Act. It was held that the deterioration was caused by the tenant’s failure to occupy, maintain, and adequately care for the property, amounting to gross negligence and fraud as defined by Roman Dutch Law. The findings established that the duty to repair remained with the tenant, and the burden of proving the amount of authorised rent rested upon the defendant, to be substantiated with municipal evidence. The Court of Appeal set aside the District Judge’s decision, reaffirming the principle that a tenant must exercise the dilige