IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3178 of 2009 Date of decision:28.05.2009 Jasbinder Singh ...Petitioner versus Shri Vinod Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Dinesh Kumar, Advocate, for the petitioner. ----- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? K.Kannan, J.(Oral) 1. The revision is against the orders of eviction on the ground of non-payment of rent. The respondent is admittedly a tenant under the landlord who filed the petition, but his objection was that the power of attorney who has prosecuting the case on behalf of principal was not merely the power of attorney and the document that was filed in the Court was not true. Admittedly, the tenant had not paid the rent as directed and the Rent Controller ordered eviction on the ground of non- payment of rent. Even at the Appellate Court, the tenant had not tendered the rent. He filed an application under Order 41 Rule 27 CPC for examining the genuineness of the power of attorney through an expert. The grievance of the revision-petitioner is that the Appellate Court did not even consider that application and proceeded to dispose of the appeal. Civil Revision No.3178 of 2009 - 2 - 2. The duty to pay the rent by a tenant to the landlord is paramount and if that duty is breached, there can be no sympathy in favour of such a tenant. It is not the case that someone else was claiming the rent as the lawful power of attorney or that the landlord himself had been denying the power of attorney or refusing the tender when the rent was admitted to be paid. The tenant was guilty of contumacious conduct in not paying the rent and would face the consequences by visiting with the order of eviction. No other decision is possible then how the authorities below have approached the issue. 3. The Civil Revision is, accordingly, dismissed. ( K.KANNAN) JUDGE 28.05.2009 sanjeev