ATTAU RAHMAN MASOODI,J. - (1.) It is well settled in the case reported in AIR 2001 SC 1 (Shamim Akhtar v. Iqbal Ahmad and another) that the question of title can be incidentally gone into in SCC proceedings instituted between the landlord and tenant.
(2.) An application i.e. C.M. Application No. 868 of 2017 has been filed by a non-party to the revision. The revision filed by the tenant challenges the decree and judgment passed by the court of Small Causes in SCC Suit No. 100/2012. The application is founded on the fact that the revisionist and opposite party who claims himself to be the landlord had instituted a collusive proceedings so as to grab the property which actually belonged to the father of the applicant on the basis of a registered sale deed executed on 3.10.1978. Reply in response to the application was filed by the opposite party who had claimed himself to be the landlord as per the lease deed dated 21.7.2008. In the reply so filed, it is averred that a sale deed was executed in favour of opposite party (so called landlord) by none other than the wife of tenant i.e. revisionist.
(3.) In the sale deed so executed, the transferor has not disclosed any background as to how she came to be the owner of property in question.;