only in terms of the document Ex.R5 there was an explicit contract between the parties, no rent is payable and premium amount of Rs.10,00,000/- was paid and in view of interpretation of this Court in Amarnath case particularly in paragraph 16 it is clear that ‘merely because an amount is advanced and possession is delivered, a transaction will not become a mortgage. As stated above, mortgage contemplates the taking of a loan and delivering possession to secure payment of the loan, the relationship being that of a creditor and debtor. On the other hand, in a lease for money advanced or deposit made, there is no relationship of debtor and creditor between the landlord and tenant. In such a transaction, the tenant who desires to take the premises on lease, agrees to make a deposit, instead of making a monthly payment as rent, with the understanding that the landlord will continue to hold the said advance or deposit so long as the tenant continues in possession and he should refund the same when the tenant vacates the leased premises’. In the case on hand also, the same situation that deposit of Rs.10,00,000/- was paid and no rent for the said premises, only he had collected the premium and principles laid