MAHANT ABHAY DASS Vs. MURLI DHAR SHARMA

JUDGEMENT

(1.) This is a petition under sections II and 12 of the Contempt of Courts Act, 1971. The petitioner Mahant Abbey Dass is the landlord. The respondent, Murli Dhar Sharma, is the tenant. The landlord filed an application for ejectment of the tenant in 1973. A decree for eviction was passed in favour of the landlord in respect of house No. 206 (old) situated in Haveli Haiderquli, Delhi. The tenant preferred an appeal to the Rent Control Tribunal. The Tribunal dismissed the appeal The tenant brought a second appeal in this court. I heard that appeal. The appeal was compromised. The tenant made a statement on February 13, 1980 that his appeal be dismissed and that he may be granted one year's time to vacate the premises. He agreed in terms to deliver vacant and peaceful possession to the landlord on or before February 13, 1981. His undertaking was recorded. The landlord agreed to give him one year time. So in terms of the agreement I dismissed the appeal and granted time to the tenant to vacate the premises on or before February 13, 1981. The tenant's undertaking I accepted.

(2.) The tenant did not vacate on 13th February, 1981. So the landlord made this application on March 13, 1981 that the respondent be committed for contempt because he had committed breach of the undertaking given by him to this court. On this application notice was given to the tenant. The tenant appeared. He filed his reply to the contempt application and pleaded that he had delivered vacant possession to the landlord on 12th February, 1981 at 6 p.m. He further pleaded that after delivery of 'the possession by him to the landlord one Mahant Ram Sarup Dass came to Delhi with his Chelas and devotees and dispossessed the landlord from the disputed premises. This was his defence.

(3.) In support of his defence the tenant has produced four witnesses besides himself. The witness Krishna Nand deposes that he came to the premises in dispute on February 15, 1981 and Mahant Ram Sarup Dass took forcible possession from the landlord. The witness Prahlad Dutt deposes to the handing over of possession by the tenant to the landlord on 12th February, 1981 at 6 p.m. The witness Suresh Chand testified that Mahant Rani Sarup Dass with 'the help of other persons threw out the landlord and took forcible possession of the premises. Mahant Ram Sarup Dass has himself appeared in the witness box to depose that he is the Chief Mahant and as Chief Mahant he is supervising the Delhi Gaddi. He says in his evidence that after he had come to know that the tenant had handed over possession to the landlord he along with four other persons came to Delhi on 15th February, 1981 and found the landlord and one other man in possession of the premises. He asked the landlord to vacate the premises but he refused. He goes on to say :