' ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the order of a learned Single Judge of the Lahore High Court, dated 7-2-1988.
2. Taj Muhammad (respondent No,1) filed an eviction petition against the petitioner from a. Portion of the property in dispute on the ground of default in the payment of rent from February, 1980 to February, 1983 at the rate of Rs,300 per month, personal need and unauthorised alteration, damage and nuisance. The petitioner denied the existence of relationship of landlord and tenant between the parties, as a result of which a solitary issue was framed and the Rent Controller after recording the evidence of the parties held that such a relationship did not exist and thus dismissed the ejectment petition on 12-10-1983. Respondent No,1 then filed an appeal before the learned Additional District Judge, who, vide his judgment dated 30-7-1984, reversed the finding of the trial Court on the question of relationship of landlord and tenant between the parties and thus accepted the appeal and ordered the ejectment of the petitioner from the disputed property. The petitioner then filed a writ petition in the High Court which was dismissed through the impugned order.
3. We have heard the learned counsel for the petitioner. He vehemently contended that the learned Judge in his Chambers has erred in law in holding that the petitioner was a statutory tenant under the respondent and thus there existed the relationship of landlord and tenant between the parties.
According to the learned counsel, as per evidence the status of the petitioner is that of a licensee and the only forum which was competent to proceed against the petitioner was the Civil Court.
4. After hearing the arguments of the learned counsel for the petitioner in the light of evidence on record, we think the question of existence of relationship of landlord and tenant between the parties and the jurisdiction of the Rent Controller to proceed in the matter needs consideration.
Leave is, therefore, granted. Security Rs,5,000. The appeal shall be heard on the present record with liberty to the parties to file additional documents, if any. It is further directed that this appeal may be fixed for hearing at an early date.
' Leave to .