SHABBIR BEG Vs. REHMAT BI AND OTHERS

JUDGEMENT

(1.) This petition seeks the quashing of the order dated 22nd Sept., 2011 by which the Judge, Court of Small Causes rejected Application No. 214-C filed by the defendant for summoning the General Power of Attorney dated March, 1978 referred to in the sale deed dated 1st Oct., 1981 as also the sale deed executed in 1981 in favour of Mohd. Islam. The petitioner has also sought the quashing of the judgment and order dated 3rd Feb., 2012 by which the Revision filed by the petitioner for setting aside the aforesaid order was dismissed.

(2.) It transpires from the records of the writ petition that SCC Suit No. 13 of 1991 was filed by the plaintiff-respondent for ejectment and for recovery of arrears of rent. It was asserted that the landlord Mohd. Yaseen died on 6th Nov., 1989 and the plaintiffs became the landlords, but the defendant was not paying the rent and he had also denied the title of the plaintiffs. A written statement was filed by the defendant asserting that there was no relationship of landlord and tenant between the parties and it is only because of some misunderstanding and lack of knowledge that the defendant was paying rent to the plaintiff.

(3.) It is during the pendency of the SCC Suit when the witness were to be examined that Application No. 214-C was filed by the defendant on 13th Sept., 2011 with a prayer that the plaintiff be directed to file the General Power of Attorney referred to in the sale deed dated 19th Aug., 1981 as also the sale deed of 1981 on the basis of which the plaintiff claims to be the owner. This application was rejected by the Court of Small Causes which order was confirmed by the Revisional Court for the reason that in the SCC Suit all that is required to be seen is whether the relationship of landlord and tenant exists between the parties and the question of title is not directly involved.