SANTANU CHAUDHURI Vs. SUBIR GHOSH

JUDGEMENT

(1.) This petition has been filed by the landlord Santanu Chaudhuri for initiating contempt proceedings against the tenant Subir Ghosh.

(2.) The petitioner Santanu Chaudhuri filed a suit for eviction against Subir Ghosh in the Court of Civil Judge (Sr. Divn.), 9th Court, Alipore, which was dismissed. The appeal filed by the petitioner was allowed by a Division Bench of the Calcutta High Court and a decree for eviction was passed against the respondent Subir Ghosh (tenant) on 25.8.2005. Subir Ghosh then filed Special Leave Petition (Civil) No. 21766 of 2005 in this Court. The petitioner Santanu Chaudhuri (landlord) also put in appearance on Caveat. The special leave petition was dismissed on 13.2.2006 and the following order was passed :

(3.) The present contempt petition has been filed on the ground that the time granted by this Court to vacate the premises expired on 31st August, 2006, but the tenant has not yet vacated the premises. Notice was issued on the contempt petition on 5.1.2007. Subir Ghosh (tenant) has filed a counter affidavit in reply to the contempt petition and the main ground taken therein is that he did not file any affidavit or undertaking as was directed in the order dated 13.2.2006 and in absence of any undertaking having been filed, it cannot be said that disobedience of any order of this Court has been committed. It has been further submitted that as no affidavit or undertaking had been filed, it was open to the landlord to execute the decree forthwith and there is no occasion for initiating contempt proceedings against him.