KHUSHI RAM Vs. V P PARKASH CHOPRA

JUDGEMENT

(1.) The present contempt petition has been filed by thepetitioner/landlord against the respondent Shri Vidya Prakash Chopra for hisfailure to deliver the possession of the impugned premises No. 17-A/20. WEAKarol Bagh, New Delhi. The notice in the petition was issued on 6/02/1992, and the matter has been adjourned on different occasions.

(2.) The brief facts of the case are that the respondent/ContemnerShri Vidya Prakash Chopra was a tenant in the impugned premises. Theorder of eviction was passed against him by the Court of Additional RentController, Delhi in suit No. E-487/8 3/04/1987. The respondentfelt aggrieved by this order and 'filed Civil RevisionNo.498ofl987in thisCourt. The matter came up for hearing before the learned Single Judge on 13/11/1990, when Sunanda Bhandare, J. after hearing Counsel for thepetitioner/landlord passed a detailed order upholding the findings of the Additional Rent Controller. The Revision, as a consequence, was dismissed on 13/11/1990. Thereafter, the respondent filed two applications beingC.M. No. 3013 and 3014/90 in this Court praying that the revision petitionmay be restored to its original number and thus be decided on merits. Noticewas issued in these applications and a detailed order was passed by learnedSingle Judge on 17/05/1991. The earlier order of eviction was upheld asno ground was made for review of the judgment passed on 13/11/1990.The respondent was, however, given time to vacate the premises on or before' 28/01/1992. The said undertaking was accepted by the Court andthe respondent was granted time accordingly. It may be relevant to reproducethis undertaking, which reads as follows :

(3.) The respondent, however, was not able to hand over the possessionof the impugned premises which necessitated the filing of the present contemptpetition. The respondent took the stand in his reply that he has vacated thepremises) which was in his possession and his brother Shri Nand KishoreChopra was withholding the delivery of possession in respect of two rooms,kitchen, bath room and W.C. The notice of contempt was accordingly issuedto the brother of the respondent Shri Nand Kishore Chopra for contempt andhe has put in appearance through the Counsel and has filed his reply.