Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Transfer of Property Act (IV of 1882), S.52---Ejectment petition---Respondent filed ejectment petition against appellant who denied the relationship of landlord and tenant---Rent Controller dismissed petition holding that relationship of landlord and tenant did not exist inter se the parties---Appellate Court allowed the appeal---Appellate order was challenged before High Court which set aside the impugned order and remanded the case to first Appellate Court; in post remand proceedings, appeal was accepted again---Validity---Premises in question at one time was rented out to the appellant who surrendered possession but subsequently acquired the possession as a mortgagee on the basis of a document which revealed that loan was advanced to respondent by the appellant who secured possession of the premises in question while agreeing to hand over possession back to respondent on repayment of loan advanced by appellant---Held, said document contained all the ingredients of a mortgage as defined by S.52 of the Transfer of Property Act, 1882---Appellant had the possession as a mortgagee and not as a tenant, therefore, the Rent Controller rightly decided that relationship of landlord and tenant did not exist inter se the parties---Impugned appellate order did not reflect judicial application of mind, correct application of evidence on record and application of relevant law---Order of Appellate Court was, therefore, set aside and that of the Rent Controller restored. JUDGMENT SH. AZMAT SAEED, J.---SAO 3 of 2010 arises from the appellate judgment dated 11-1-2010 through which the learned Additional District Judge Gujranwala accepted the appeal of respondent Ghulam Dastgir against the order dated 26-1-2007 of the Rent Controller Gujranwala. 2. Precisely the relevant facts for the adjudication of the lis at hand are that respondent filed an ejectment petition under section 13 of the Urban Rent Restriction Ordinance 1959 against the appellant with regard to the premises in question. The appellant entered appearance and contested the suit by inter alia denying the relationship of landlord and tenant.…

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