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2014 Supreme(Raj) 2150

GOVIND MATHUR, PRAKASH GUPTA
Devi Lal – Appellant
Versus
Smt. Sushila Devi – Respondent


Advocates:
For the Appellant:R.K. Thanvi, Senior Advocate, assisted by Narendra Thanvi, Advocate.
For the Respondent:Om Mehta, Advocate.

JUDGMENT

1. - A reply to original application preferred by a landlord before the Rent Tribunal, Jodhpur, pleading default in payment of rent and personal necessity was filed by the power of attorney of tenant. The contents of the reply, except in the verification clause nowhere mention about execution of power of attorney by the tenant in favour of the person who has signed the reply. In rejoinder, the original applicant termed the reply invalid being not supported by any deed executing power of attorney by the tenant. An application then moved by the tenant to bring power of attorney on record came to be rejected by the Rent Tribunal vide order dated 3.9.2009 and this order acquired finality on dismissal of the petition for writ, special appeal and special leave petition calling in question its correctness.

2. The Rent Tribunal by its order dated 5.3.2011 accepted the original application and granted a certificate for eviction of the tenant from the rented premises. To assail correctness of the order and certificate given, an appeal was preferred by the tenant before the Rent Appellate Tribunal, Jodhpur. The tenant again made an effort to bring power of attorney on record by submit




















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