Law: Punjab Rented Premises Act, 2009

Section: 15

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Qanun-e-Shahadat Order, 1984

Section: 115

Summary: The connected constitutional petitions arise from ejectment proceedings under Section 15 of the Punjab Rented Premises Act, 2009 concerning commercial shops in Gul Noor Plaza, Rawalpindi. Rent Controller and appellate courts held that an alleged written lease (dated 20.01.2009) was unregistered and could not create a tenancy exceeding one year, so the tenancy was month-to-month and validly terminated; subsequent attempts by tenants to raise partition, disputed landlord identity, or post-litigation acquisition of title were not pleaded or proved before the rent forum, cannot be first advanced at leave stage, and cannot convert summary rent proceedings into a title suit. The Supreme Court refused remand and leave to appeal, dismissing all petitions as devoid of merit. Core points: Case type and forum: Connected constitutional petitions challenging ejectment orders arising from Section 15 proceedings under the Punjab Rented Premises Act, 2009. Primary factual issues: Alleged partition of Gul Noor Plaza, identity of the true landlord, existence/validity of a written lease dated 20.01.2009, and alleged later acquisition of ownership (sale deeds in 2022–2023). Rent Controller finding: The alleged lease was unregistered and invalid to create >1 year tenancy; tenancy treated as month-to-month and validly terminated. Appellate and High Court review: Independent re-appraisal and constitutional review affirmed the Rent Controller’s findings; no interference. Pleading and evidence requirement: New factual pleas (partition, different landlord, post-litigation title acquisition) were never specifically pleaded, framed as issues, or supported by evidence before the rent forum. Jurisdictional principle: Article 185(3) (leave jurisdiction) cannot be used to re-open unpleaded factual disputes; parties are bound by pleadings. Estoppel and tenancy law: Tenant who entered under tenancy cannot, during its subsistence, challenge landlord’s original title in rent proceedings (doctrine under Article 115 Qanun-e-Shahadat Order, 1984 and settled tenancy jurisprudence). Pendency of separate civil suit: Petitioners had instituted civil proceedings on title;…