MANJIT KAUR Vs. PRADEEP KUMAR

JUDGEMENT

(1.) The contempt jurisdiction of this Court has been invoked for breach of the final judgment and order dtd. 8/3/2017 in SLP(C) No 8648 of 2017. The first respondent, Pradeep Kumar, was a tenant of the petitioner, together with other co-owners of the property, namely, Paramdeep Kaur, Raminder Singh and Maninder Singh. The suit premises are House No 683-685, Mohalla Dhanka, Dharampura Bazar, Patiala. The landlords filed an eviction petition under the provisions of Sec. 13(2)(i),(iii), and (iv) of the East Punjab Urban Rent Restriction Act 1949. The Rent Controller dismissed the petition on 21/9/2013. The appeal by the landlords was allowed by the Appellate Authority, Patiala on 3/11/2015. The order of eviction was upheld by the High Court of Punjab and Haryana on 24/9/2016. The first respondent instituted a Special Leave Petition before this Court. The Special Leave Petition was dismissed on 8/3/2017. On the request of his counsel, the Court granted four weeks' time to the first respondent to vacate the tenanted premises, subject to the deposit of the arrears of rent within two weeks. He was directed to file the 'usual undertaking' in this Court within two weeks from the date of the order. Meantime an execution petition was filed before the Civil Judge (Junior Division), Patiala. By an order dtd. 31/5/2017, warrants of possession were issued. The warrants were returned unexecuted. Contempt proceedings were instituted since the first respondent failed to hand over possession or deposit the arrears of rent.

(2.) Notice was issued in the contempt proceedings on 22/2/2019. The notice was directed to be served on the contemnor through the Senior Superintendent of Police, Patiala, as directed by this Court on 29/3/2019. This direction was issued because an Office Report was placed on the record, together with a communication of the SHO, Police Station Kotwali, Patiala, stating that the contemnor was attempting to evade service. A non-bailable warrant was issued against the contemnor, returnable on 9/5/2019. The contemnor was produced before this Court on 9/5/2019 and the proceedings were directed to stand over to 10/5/2019. The proceedings were adjourned to 5/7/2019. The contemnor was directed to be confined to jail until the petition was taken up with liberty to counsel to move the Court, in the meantime, if the premises were vacated. On 5/7/2019, two weeks' time was granted to the contemnor to file an affidavit and the proceedings were again adjourned, at his behest, to 19/7/2019. On 26/7/2019, the contemnor was directed to be released on interim bail, subject to furnishing a personal release bond in the amount of Rs.25,000..00 On 31/1/2020, the District Judge, Patiala was directed to nominate a judicial officer of the rank of Civil Judge, Senior Division to conduct an enquiry and submit a report to this Court on who is in possession of the suit property. The report of the District and Sessions Judge, Patiala was received and copies of the report were permitted to be taken by the counsel. The Sessions Judge submitted the report on 25/2/2020. The report recorded that the first respondent did not hand over the possession of the suit property. The learned District and Sessions Judge observed as follows:

(3.) Another development which must be noticed at this stage, is that during the course of the execution proceedings, the second respondent filed objections which were dismissed by the Civil Judge (Junior Division), Patiala on 18/7/2018. The second respondent then moved the High Court of Punjab and Haryana in Civil Revision No 7448 of 2018 in which a stay has been granted, conditional on the deposit of Rs.30,000..00