' MIAN SAQIB NISAR, J.--- Both the appeals (F.A.O. No,122 of 2004 and F.A.O. No,116 of 2004), are being decided together as these are connected matters.
2. Respondent No,1 Mst. Ghazala Butt, brought an ejectment petition against the appellant (Sui Northern Gas Pipelines Limited) claiming that she had rented out the property to it and that the appellant has defaulted in the payment of rent and she required the property for her personal need. The appellant denied the relationship of tenancy and took up the plea that Ishtiaq Ahmad Qureshi, the then husband of respondent No,1 was the employee of the Sui Northern Gas Pipelines Limited and was entitled to rental premises, thus, he rented out the suit property, which was in the name of his wife Mst. Ghazala Butt and that there is no relationship of tenancy between the appellant and respondent No,l.
3. Ishtiaq Ahmad Qureshi also filed an application to be impleaded as party in this matter, which was allowed and he was accordingly arrayed as respondent No,2. However, after conducting the trial, the learned Additional Rent Controller, allowed the ejectment petition on the ground that Ghazala Butt is the owner of the property and under an agreement of tenancy, the same was rented out to the Sui Northern Gas Pipelines Limited. It may be pertinent to state here that the divorce took place between Ishtiaq Ahmad Qureshi and Mst. Ghazala Butt; Ishtiaq Ahmad Qureshi has already tiled a suit for the declaration claiming that the property in question is Benami in the name of respondent No,1 and that he is the actual and real owner of the property; the said suit was contested by respondent No,
1. Admittedly, the suit has been decreed by the learned trial Court; the appeal of respondent No,1 was dismissed and her revision petition before this Court has also failed.
4. Heard. When respondent No,2 has been declared to be the owner of the property and respondent No,1 a Benamidar, therefore, in the circumstances, she has lost her title to the suit property with the consequences that it has been proved that respondent No,2 Ishtiaq Ahmad Qureshi was the owner of the suit property and being entitled to the rented premises as employee of the Sui Gas Department, this property was acquired by him on rent and only fo'r the purpose of covering the position, the rent deed was got executed in the name of his wife Mst. Ghazala Butt.
Resultantly, these appeals are allowed; the impugned orders passed by the learned Additional Rent Controller are set aside and it is held that no relationship of tenancy existed between Mst.
Ghazala Butt and the Sui Northern Gas Pipelines Limited.