DEVI LAL Vs. SUSHILA DEVI

JUDGEMENT

(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 submitting an application as per provisions of Order 41 Rule 27 Code of Civil Procedure, but that too came to be rejected. The Rent Appellate Tribunal, however, by its judgment dated 24.10.2011 set aside the order and certificate dated 5.3.2011 and remanded the original application for its disposal afresh by examining a question as follows -

(3.) THE Rent Tribunal though answered the question settled by the Rent Appellate Tribunal but did not give any judgment and also did not issue any certification of eviction. It appears that the Rent Tribunal treated the judgment dated 24.10.2011 passed by the Rent Appellate Tribunal as a partial remand only to the extent of adjudicating an issue, though the Rent Appellate Tribunal under its judgment aforesaid set aside the judgment and certificate dated 5.3.2011.