LAWS(P&H)-2011-3-678

ASHOK KUMAR Vs. KIRANJIT KAUR

Decided On March 16, 2011
ASHOK KUMAR Appellant
V/S
Kiranjit Kaur Respondents

JUDGEMENT

(1.) THIS revision petition is directed against order of the Rent Controller, Ludhiana, dated 31.07.2010, which has been upheld by the Appellate Authority, Ludhiana, vide its order dated 09.11.2010 and the tenant has been ordered to vacate the demised premises (shop), inter alia, on account of non -payment of rent.

(2.) IN brief, the learned Rent Controller assessed the provisional rent vide his order dated 31.05.2010 to the tune of Rs. 3,31,783/ -, which was ordered to be paid on 31.07.2010. The rent was not tendered as ordered. Therefore, on the same date, eviction order was passed. The Petitioner -tenant filed Civil Revision No. 5330 of 2010 before this Court in order to assail the orders dated 31.05.2010 and 31.07.2010 by signing the power of attorney in favour of Shri Parminderjeet Singh Khurana, Advocate. The said revision petition was filed on 20.08.2010, which was listed for the first time on 24.08.2010. But on that date, on the request of his counsel, it was adjourned to 25.08.2010. On the adjourned date, it was withdrawn and the following order was passed:

(3.) I have heard learned Counsel for the Petitioner and have perused the available record, from which I have found that the Petitioner has not approached this Court with clean hands. The Civil Revision No. 5330 of 2010 was filed with a power of attorney duly signed by the Petitioner. Moreover, he had no courage to make any complaint against the practicing Advocate, who according to him, has duped him by not disclosing the order dated 31.05.2010 and by engaging an Advocate in the High Court for the purpose of filing the civil revision without his consent. Had the Petitioner been hurt by the misconduct of his Advocate Mr. Gurpreet Singh, he could have at least lodged a complaint to the Bar Association, of which he is a Member. But, no such action has been taken by the Petitioner.