SUSHILA DEVI Vs. DEVILAL PRAJAPATI & ANR

JUDGEMENT

(1.) This writ petition has been filed against the order dated 22.9.2012 passed by the learned Rent Tribunal, jodhpur (Presiding Officer, Mrs. Rekha Sharma, RJS), whereby, in pursuance of the detailed remand order passed by the learned Appellate Rent Tribunal (Hon'ble justice Banwari Lal Sharma, as His Lordship then was) vide Annex. 12 dated 24.10.2011 against the judgment and eviction decree dated 5.3.2011 is Case No. 208/2007, Devilal S/o Shankerlal Prajapati v. Smt. Sushila Devi the learned Rent Appellate Tribunal held that eviction suit was being contested by one (Mr. Shrigopal S/o Ramniwas Agarwal) as the power of attorney holder of defendant- tenant-Smt. Sushila Devi and the entire trial was completed on the basis of 'Vakalatnama' filed by said power of attorney only, Shrigopal S/o Ram Niwas and he only led the defence witnesses and was himself examined and cross examined before the Rent Tribunal. The Appellate Rent Tribunal further held that the affidavit in defence had also been filed by said Shrigopal, as power of attorney holder of Sint. Sushila Devi and therefore, the evidence led by defendant through said power of attorney holder Shrigopal could not be ignored by the Rent Tribunal and the Rent Tribunal ought to have first decided the issue as to whether the defence led by the said power of attorney holder, Shrigopal can be ignored and ex parte proceedings can be taken against the defendant- tenant; his Mother, Sushila Devi because no formal order for. proceeding ex parte on this basis was ever drawn against her by the Rent Tribunal.

(2.) After this remand order also, the learned Rent Tribunal has again passed the impugned order dated 22.9.2012 reiterating the earlier stand and held that in the absence of the original document, viz. power of attorney having been filed, the defence led by the defendanttenant through her power of attorney holder and son, Shrigopal cannot be taken into account. Such an objection by landlord was entertained at the fag end of the trial.

(3.) Being aggrieved by this order, the defendant tenant has approached this Court by way of present writ petition under Article 227 of the Constitution of India.