MAHENDRA PRASAD SHAW Vs. RAJ KUMAR SAH

JUDGEMENT

(1.) We have heard Shri L. R. Singh, learned counsel for the petitioner and shri Krishan Mahajan for the respondent.

(2.) There was an unconditional undertaking given to this court pursuant to the orders of this court dated 20/1/1988 to deliver vacant possession. This court granted three months' time to the petitioner-contemner to yield up and deliver vacant possession. He did not do so. He resorted to litigative resourcefulness in the execution proceedings initiated by the respondent- landlord. Having regard to the pendency of the proceedings, it is not appropriate to pronounce on the merits of the question whether there was a subsequent adjustment and satisfaction of the decree by a fresh agreement. Suffice it to say, as long as the undertaking given to this court subsisted, it was the highest duty of the petitioner-contemner to respect and implement the undertaking. It is also the highest duty of every court in the land to ensure its obedience and desist from any order or proceeding which would have the effect of subverting the undertaking. If there was a subsequent agreement to continue the tenancy, the only way the petitioner could get over his obligation under the undertaking was to move this court to exonerate and release him from the terms of the undertaking in the light of the subsequent developments. It is not open to any litigant to seek to have the effect of the undertaking given to this court, whittled down by any litigation elsewhere.

(3.) We, accordingly, direct the District Magistrate of Bhagalpur, to deliver, if necessary, with the requisite police force, vacant possession of the premisesconcerned in the proceedings to the respondent-landlord without reference to, and notwithstanding, any other order that might have been made by any other court including the High court of Patna. However, if there are any rights that the petitioner-contemner claims to have acquired under any subsequent agreement, it is open to him to work them out in accordance with law; but only after complying with the undertaking given to this court. In any event, as long as the undertaking to this court subsists, no other court can interdict its effectuation or operation. The District Magistrate, Bhagalpur, shall deliver possession and submit a report to this court within four weeks from today.