AJMAL MIAN, J.---This is a petition for leave to appeal against the order dated 13-6-1996 passed by a learned Single Judge of the Lahore High Court in S.A.O. No. 120 of 1996, filed by the petitioner against the appellate judgment dated 22-5-1996 of the learned Additional District Judge, Samundari, District Faisalabad, reversing the order of the Rent Controller, Samundari, dated 11-4- 1992, whereby he held that there was no relationship of landlord and tenant between the respondent and the petitioner, dismissing the same by maintaining the appellate judgment.
2. The brief facts are that the respondent, who is in possession of a shop, bearing Khewat No.387, Khatoni ' No.416, situated in Chowk Bazar, Tandalianwala, whereas the petitioner is in possession of the upper portion i.e., Chobara of the said shop. Both were tenants of the previous landlord. It seems that the respondent purchased the ownership of the shop from Khushi Muhammad, Wali Muhammad and Mst. Saleem Bibi in 1988. After that he sent a notice to the petitioner calling upon him to pay rent. However, the receipt of the notice is denied by the petitioner in his written statement as well as in his deposition. Be that as it may, an ejectment application was filed by the respondent against the petitioner inter alia on the ground of default before the learned Rent Controller, Samundari, which was resisted by the present petition inasmuch as relationship of landlord and tenant was denied. The learned Rent Controller framed the following Issues:--- "(1) Whether the relationship of landlord and tenant exists between the parties?
(2) Order. "
3. The learned Rent Controller, after recording evidence, returned his finding on above Issue No. l in the negative. Thereupon, the respondent filed an appeal, which was allowed by the learned Additional District Judge, Samundari, through the aforesaid judgment, against which, the petitioner filed aforementioned S.A.O., before the Lahore High Court, which has. Been dismissed. The petitioner has, therefore, filed the present petition for leave to appeal.
4. In support of the above petition Ch. Muhammad Abdus Saleem, learned Senior A.S. C. Has urged as under:---
(i) That since the petitioner had denied the receipt of notice under section 13-A of the Rent Restriction Ordinance, 1959, the learned Appellate Court and the High Court erred in holding that there was relationship of landlord and tenant between the parties in the absence of any proof of service of such notice?
(ii) That since the sale-deed does not specify the transfer of Chobara in favour of the respondent, the finding that the petitioner was tenant of the respondent, could not have been recorded.
(i.e) That, in any case, admittedly Mst. Saleem Bibi executed sale-deed in respect of her share on 3-3-1991 Exh.A/2, the above ejectment application was not competent in 1990 when it was filed.
5. We are inclined to grant leave to consider the question, as to whether the learned Appellate Court was justified in reversing the finding of the learned Rent Controller on the question of relationship of landlord and tenant between the parties keeping in view the material brought on record. Leave is, accordingly, granted. The stay already granted by this Court on 26-6-1996 will continue subject to the condition that the petitioner shall deposit rent with the Rent Controller regularly, but the respondent will not be entitled to withdraw the same till further orders.