Rent Control

G. ARAVINTHAN (Querist) 20 April 2010 This query is : Resolved
A rent control proceedings was initiated by Landlord through his Agent through a Registered Power of Attorney.

The said agent have no knowledge as to the relationship between landlord and tenant. Is the proceedings valid?

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Raj Kumar Makkad (Expert) 20 April 2010
Proceeding is valid but the benefit of this position shall definitely go in favour of tenant and landlord shall be loser.

Bobby Mani T (Expert) 20 April 2010
Proceedings is valid, in the evidence stage the owner of the building him self has to come to the witness box, else it will be fatal to the petition

Kiran Kumar (Expert) 20 April 2010
there are number of judgments available in this regard which would say that the Power of Attorney can depose only to the extent of facts in his knowledge.

the proceedings in your case are valid but if the landlord fails to turn up in order to depose on actual facts then it will be fatal to the case of landlord.

take the advantage in cross examination.

Sushil Kumar Bhatia (Expert) 20 April 2010
For your query please see the citation Supreme court 2005 Janki Vasudev Bhojwani V/s Indsindh Bank Ltd

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