MAHESH JOSHI Vs. RAMESH PAREKH

JUDGEMENT

(1.) This petition is directed against the order dated 27/1/2020 passed by the Rent Tribunal, Jodhpur (Metro) ('the Tribunal'), whereby, the application filed by the petitioner under Order XIII Rule 4 CPC read with Section 17(1)(g) of the Registration Act, 1908 ('the Act, 1908') has been rejected.

(2.) The respondent filed a petition for eviction through his Power of Attorney holder - son before the Rent Tribunal. During the pendency of the proceedings, the present application under Order XIII Rule 4 CPC read with Section 17(1)(g) of the Act, 1908 was filed inter alia with the averments that the document Ex.1, Power of Attorney, based on which the proceedings were instituted is neither registered nor bears requisite stamp duty and, as the same is inadmissible in evidence and cannot be marked as exhibit, the same be placed in Part D.

(3.) The application was contested by the respondent claiming that there was no necessity to get the Power of Attorney registered and that the same is sufficiently stamped.