2026 CLC 731 KARACHI-HIGH-COURT-SINDH

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HAROON RASHEED VS SHAHNAWAZ MEMON S.15---Qanun-e-Shahadat (10 of 1984), Art.115---Ejectment of tenant---Estoppel upon tenant, principle of---Applicability---Default in payment of rent---Landlord and tenant, relationship of---Proof---Concurrent findings of facts by two Courts below---Petitioners / tenants were aggrieved of eviction orders passed by Rent Controller, which was maintained by Lower Appellate Court---Held: To circumvent repercussions of default, a tenant cannot refute landlord's ownership---Petitioners/tenants acknowledged their induction as tenants in demised shops, thus, under Art.115 of Qanun-e-Shahadat, 1984, they were estopped from denying title of respondent / landlord---Tenant is only permitted to dispute title/relationship of landlord of the individual who inducted him as tenant by first relinquishing possession of the premises to the landlord---Petitioners/tenants were obligated to return possession of the premises to respondent / landlord---Petitioners/tenants during cross-examination, conceded in their respective testimonies that they had not paid monthly rent to respondent / landlord post year 2004, nor had they deposited rent in Court since year 2007---Conclusions reached by both the lower Courts were predicated on petitioners'/tenants' admission of willful default in payment of rent---High Court in exercise of Constitutional jurisdiction declined to interfere in concurrent findings which had been thoroughly examined by two Courts below---Constitutional petition was dismissed in circumstances.