PREM KUMAR KHULLAR Vs. VIJAY KUMAR GUPTA

JUDGEMENT

(1.) The present controversy revolves around the statement of the petitioner that he would withdraw all his pending cases within one month from the date of the last receipt of the instalment of arrears of rent. Mr.P.N.Bhardwaj, counsel for respondent contended that since -all the cases which were stated in the statement of respondent had not been withdrawn by the petitioner within one month, therefore, the respondent stood absolved from his undertaking given to the Court dated 19th April,1991. Hence, no contempt proceedings can be initiated against him.

(2.) Shri Prem Khullar, petitioner herein, had filed eviction petition against M/s Karam Chand Thapar & Bros. and Anr. Order of eviction was, however, passed against the said firm only by the Rent Controller on 6th November,1990. So far as the respondent No.2 Sh.Vijay Kumar Gupta, order of eviction was not passed against him. After the eviction order the landlord took out execution. Against the execution the present respondent i.e. (respondent No.2 before the trial court) filed an application under Order 9 Rule 13, CPC, read with Section 25-B of the Delhi Rent Control Act (in short the D.R.C. Act) for setting aside the eviction order. He sought opportunity for filing leave to defend affidavit/ application. Objection under Section 25 of the D.R.C. Act read with Rule 98 & 99 Civil Procedure Code were also filed by the present respondent on 29th January,1991. The said objections when came up for consideration before the Rent Controller, present parties entered into compromise which was recorded by the Rent Controller on 19th April,1991. Pursuance to the said compromise the present respondent accepted the decree of eviction and undertook to be bound by the same provided he was allowed to vacate the premises in question or before 31st August,1993. When the respondent failed to vacate the premises as per his undertaking given to the Rent Controller, the landlord has initiated this contempt proceedings.

(3.) In order to appreciate the relevant contentions and counter contentions raised by the counsel for the parties it would be expedient to reproduce the statement made by the parties before the Rent Controller, the undertaking given by the respondent and the acceptance of the same by the Court. Statement of Sh. Vijay Kumar Gupta Respondent herein on S.A.