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Devi Lal vs. Smt. Sushila Devi

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Rajasthan Rent Control Act, 2001–Secs. 21 & 9–Application by tenant to bring the power of attorney on record–Dismissed and order of eviction was passed by Tribunal and certificate was also issued–Appellate Rent Tribunal set aside the judgment & certificate and remanded the matter to decide the application afresh by framing the question whether action taken by S can be treated as action taken by or on behalf of the appellant-tenant ?–Rent Tribunal concluded that no instrument of power of attorney was produced on record and hold that S was not authorized to sign the pleadings and his evidence was not admissible–Justification–Held, it was necessary for the Rent Tribunal to give a verdict afresh as the earlier judgment passed by it had already been set aside by Appellate Tribunal–Further held, the question of power of attorney ought to be decided by raising appropriate objection and with the aid of material available on record–Rent Tribunal could have asked for producing the additional evidence in this regard.