2021 MLD 808 LAHORE-HIGH-COURT-LAHORE

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Mst. SHAHNAZ BIBI VS SIRAJ DIN Ss.15 & 19---Ejectment of tenant---Mortgage deed (Girvee)---Petitioner was tenant in the premises owned by respondent---eviction order passed by Trial Court was maintained by Lower Appellate Court---Validity---Neither petitioner/tenant filed any suit for redemption nor respondent/landlord filed suit for recovery of amount on the basis of usufruct mortgage--- For all intents and purposes it was a rent agreement and relationship of landlord and tenant existed notwithstanding title and terms of mortgage deed with regard to possession--- Petitioner/tenant was rightly ejected and two Courts below did not commit any illegality warranting interference by High Court in exercise of Constitutional jurisdiction, particularly in absence of suit for redemption or suit for right of foreclosure--- Constitutional petition was dismissed, in circumstances.