1985 CLC 1701 KARACHI-HIGH-COURT-SINDH

Full text

MUHAMMAD SIDDIQ VS ARSH BIBI Evidence Act 1872--116 , Evidence Act 1872 S.116--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a)(ii)(a)(b)(c) (4) (5-B)--Estoppel by tenant--Principle-Exceptions to rule of estoppel- -Tenant let into possession could not deny landlord's title at commencement of tenancy, however defective it might be so long as he had not openly restored possession by surrender to landlord--Doctrine as embodied in S. 116 of Evidence Act, 1872 was not exhaustive of all cases of estoppel between landlord and tenant-Exceptions to rule of estoppel- -Tenant might resist eviction sought to be enforced by landlord by raising plea that landlord's title had come to an end or been extinguished subsequent to commencement of tenancy notwithstanding S. 116 of Evidence Act, 1872--Extinction of lanlord's title might come about either by voluntary or involuntary transfer or extinguishments.--[ Estoppel]