DELHI DEVELOPMENT AUTHORITY Vs. O P GOGNE

JUDGEMENT

(1.) Respondent on deputation with DDA was allotted residential premises, quarter No. 7/6, Bhagwan Dass Road, New Delhi. After he was repatriated to his Department, he apprehended dispossession and filed Suit No. 27/92 for permanent injunction and obtained interim order providing as under:

(2.) Respondent thereafter alleged that he was sought to be dispossessed by eviction proceedings launched against him upon which Trial Court passed order dated 16.5.92 finding petitioners guilty of breach of Court Order. They took appeal against this which was dismissed vide order dated 15.2.93. They have now filed this revision petition assailing the two orders on the ground that interim Court order only restrained them from dispossessing the plaintiff and not from initiation of eviction proceedings which never culminated in his dispossession. It is submitted by learned Counsel for appellants that respondent had thereafter retired from service and had himself voluntarily surrendered the premises to DDA rendering impugned orders irrelevant.

(3.) That apart, it is apparent from the interim order on which the whole contempt case rests that petitioners were only restrained from dispossessing respondent and it is not anybody's case that he was dispossessed. Only eviction proceedings were initiated against him which had not led to his dispossession. Therefore, petitioners could not be held guilty of breach of Court orders as such.