PANKAJBHARGAVA Vs. MOHINDER NATH

JUDGEMENT

(1.) This contempt petition is filed by the appellant-landlords in Pankaj Bhargava v. Mohinder Nath complaining that the respondents, Shri Ram Prakash and Shri Mohinder Nath have violated the undertaking given by them to this court by not vacating the house as undertaken by them.

(2.) The petitioners (landlords) applied under Section 21 of the Delhi Rent control Act on 5/4/1978 seeking permission for creating tenancy for a limited period of five years which was allowed on 6/4/1978. Since the tenants failed to vacate at the end of five years' period, the landlords applied to the Rent Controller for putting them in possession of the premises. The respondent-tenants contested the said application inter alia on the ground that a new tenancy was created with effect from 6/4/1983 immediately upon the expiry of the original five years' period. The Rent Controller rejected all the defences taken by the respondent-tenants and allowed the petitioners' application which was affirmed by the Rent Control tribunal on appeal. However, on second appeal, the High court reversed the orders of the Rent controller and the Appellate Authority holding that the very creation of the original tenancy was an illegal one. Accordingly, it dismissed the landlords' application for possession. The petitioner-landlords approached this court byway of the aforesaid Civil which was allowed by a division bench of this court by its judgment and order dated 11 /12/1990.

(3.) On 17/12/1990, the respondent-tenants applied for time to vacate the premises. They were permitted to continue to occupy the premises till 30/4/1991 subject to the usual undertaking to be filed within two weeks. The respondent, Ram Prakash executed and furnished an undertaking to this court to vacate the premises and to hand over the same to the landlords on or before 30/4/1991.