2006 PLD 549 SUPREME-COURT

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AMIN and others VS Hafiz GHULAM MUHAMMAD 1976 SCMR 77, 1981 SCMR 139, 1982 SCMR 1120, 1986 SCMR 795, 1989 SCMR 913, 1992 SCMR 1352, 1995 SCMR 678, 1996 MLD 1543, 1996 MLD 948, PLD 1985 SC 1, PLD 1992 SC 401, Constitution of Pakistan 1973--185 , Qanun-e-Shahadat Order 1984--115 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13---Qanun-e-Shahadat (10 of 1984), Art.115---Constitution of Pakistan (1973), Art.185 (3)---Ejectment of tenant---Principle of estoppel---Applicability---Disputed title---Relationship of landlord and tenant---Land under shops in question was transferred to respondent in year 1960, who constructed superstructure and inducted petitioners as tenants---Respondent had been receiving rent from tenants till year, 1991 when the authorities declared the property as Evacuee Trust Property, directed cancellation of Permanent Transfer Order and recommended outright sale of the property in favour of respondent---Tenants withheld payment of rent to respondent and started paying rent to Evacuee Trust Property Board as a result of order declaring the property as Evacuee Trust Property---Rent Controller allowed ejectment petition on the ground of default with observation that tenants were estopped to deny relationship of landlord and tenant--eviction order passed by Rent Controller was maintained by High Court---Plea raised by tenants was that they were only estopped to deny relationship during subsistence of tenancy and not when the relationship of landlord and tenant came to an end by cancellation of Permanent Transfer Order---Validity---In ejectment matters, question of title was not relevant; in case of dispute between two rival contenders for title to the property, tenant had no locus standi to intervene and it was for the appropriate Court to resolve the dispute---Not only by virtue of induction in the property by respondent but also on the basis of facts that superstructure was raised by respondent, there was no justification for tenants to repudiate the title of landlord---By paying rent to Evacuee Trust Property Board tenants were making a ground ultimately to claim sale of property in their favour---Unless tenants had surrendered possession, they could not repudiate Iandlord's title, thus principle of Art. 115 of Qanun-e-Shahadt, 1984, was applicable---Supreme Court refused to interfere in concurrent orders passed by the Courts below---Leave to appeal was refused.