29/04/2026
It is by now a well-settled principle of law that a party cannot be permitted to raise, for the first time in proceedings seeking leave to appeal, a factual controversy and new plea which would require determination through evidence. The jurisdiction of this Court under Article 185(3) of the Constitution is not intended to re-open factual disputes which were neither pleaded nor adjudicated upon by the courts below. A litigant who has failed to lay the necessary factual foundation before the competent forums cannot be permitted to restructure his case at the stage of leave to appeal, by raising a new plea for the first time.
It is well established that remand is not to be ordered as a matter of routine. The power of remand is a corrective jurisdiction to be exercised carefully where a material issue has remained undecided or where a party has been denied a fair opportunity to present its case. It cannot be employed as a device to prolong litigation or to afford a litigant a second opportunity to fill lacunae in his case.
It is a cardinal principle of civil jurisprudence that parties are bound by their pleadings. No amount of evidence can be looked into in support of a plea not specifically raised. A litigant cannot be permitted to improve or reconstruct his case at a later stage by introducing facts that were neither pleaded, nor made subject of issue, nor tested through evidence before the competent forum.
Even otherwise, as already held by a five-member bench of this Court and reaffirmed in subsequent jurisprudence, the position in law is unambiguous: a tenant who has entered into possession under a tenancy cannot, during its subsistence, dispute the title of the landlord at its inception. The doctrine of estoppel embedded under Article 115 of the Qanun-e-Shahadat Order, 1984 and tenancy jurisprudence bars such a course. If, upon expiry of tenancy, a tenant sets up an independent title in himself, the lawful course is to vacate the premises and pursue appropriate remedies in a competent civil forum. Rent proceedings cannot be converted into a forum for adjudication of complex title disputes
C.P.L.A. No. 209, 210, 211, 212, 324 & 325/2026.
1. Faisal Paracha
(In C.P.L.A. No. 324 & 325/2026)
2. Khawar Yasin Paracha (In C.P.L.A. No. 209, 210, 211, 212/2026)
Versus
1. Additional District Judge etc
(In C.P.L.A. No. 324 & 325/2026)
2. Ehtasham Sheikh & others
(In C.P.L.A. No. 209, 210, 211, 212/2026)
Date of Hearing: 20-02-2026