NAWAB KHAN vs MUHAMMAD YOUSAF — 2026 SCMR 717 SUPREME-COURT

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NAWAB KHAN VS MUHAMMAD YOUSAF. S.13---Qanun-e-Shahadat (10 of 1984), Art.115---Eviction proceedings---Tenant denying landlord's title---Remedy for tenant---Maintainability of ejectment petition---Scope. Respondents instituted suit for recovery of produce and ejectment against petitioners which was decreed. Petitioners' appeal, revision petition and constitutional petition before High Court failed, whereafter they approached Supreme Court. Issue before Supreme Court was whether tenant, while retaining possession, could dispute landlord's title on basis of alleged ownership claim, and whether ejectment proceedings in such circumstances remained maintainable. Held: Where a person entered into possession as tenant, he was estopped from disputing title of landlord so long as he continued to retain possession under tenancy. Principle of estoppel was embodied in Article 115 of Qanun-e-Shahadat, 1984, which debarred tenant from denying title of landlord during continuance of tenancy. Unless and until tenant established alleged proprietary rights before competent forum, relationship between parties continued to be regulated by tenancy law. If tenant disputed proprietary title of landlord, he had to first vacate and surrender possession, and only thereafter could contest title. Even if tenant asserted acquisition of ownership rights by purchase of share in property, such assertion by itself did not render ejectment proceedings incompetent, particularly because Rent Controller exercised limited jurisdiction and could not adjudicate complicated questions of title. Impugned judgment of High Court did not warrant interference. Leave was refused and petition was dismissed, in circumstances.

NAWAB KHAN vs MUHAMMAD YOUSAF — 2026 SCMR 717 SUPREME-COURT

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