RAMNIWAS DHAM TRUST Vs. NIRMLA CHOUDHARY

JUDGEMENT

(1.) The present writ petition has been preferred against the order dtd. 26/7/2018 passed by the Rent Tribunal, Bhilwara in Case No.53/2013 whereby the application as preferred by the defendant has been partly allowed.

(2.) Vide the order impugned dtd. 26/7/2018, learned Tribunal observed that Parasmal Pipada being power of attorney holder of the petitioner-Trust could not have deposed on behalf of the petitioner-Trust and further, the documents as sought to be exhibited in his affidavit could not have been exhibited as it could not have been presumed that he was in personal knowledge of the contents of the said documents. The learned Tribunal observed that the said documents could have been exhibited only by any of the Trustees of the petitioner-Trust and not a power of attorney holder. The learned Tribunal therefore, proceeded on to direct that the documents as placed on record vide an affidavit of the power of attorney holder of the petitioner-Trust be not marked as exhibits. However, the Tribunal permitted the power of attorney holder to lead evidence in his independent capacity as a witness.

(3.) Hear/d learned counsel for the parties and perused the material available on record.=-098