Islamabad, February 16, 2026 – The Supreme Court of Pakistan has clarified that tenants cannot dispute the ownership rights of their landlords while continuing to occupy the property under a tenancy agreement.
In a detailed judgment cleared for reporting, the Court emphasized that any tenant seeking to assert ownership claims must first vacate the premises before approaching the courts. The ruling reinforces the legal principle that possession as a tenant does not grant the right to challenge the landlord’s title.
The judgment, authored by Chief Justice Yahya Afridi and Justice Shahid Bilal Hassan, cited Article 115, noting that tenants are barred from denying a landlord’s ownership while remaining in possession of the property. The Court added that if a tenant later acquires a share in the property or claims co-ownership, the correct legal recourse is to file a partition suit in a competent civil court. Such ownership claims cannot be raised as a defense in eviction proceedings before a rent controller.
The Supreme Court also observed that the Peshawar High Court had correctly dismissed the tenant’s appeal, and it upheld that decision. The apex court’s ruling reinforces the established legal principle that tenancy rights do not allow tenants to dispute a landlord’s title while occupying the property.
This landmark judgment provides clarity on tenancy disputes, protecting landlords’ ownership rights while guiding tenants on proper legal remedies for ownership claims.