MR. MANJIT SINGH Vs. MR. ALEX C. JOSEPH

JUDGEMENT

(1.) THE present contempt petition has been filed by the petitioner under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Section 151 of the Code of Civil Procedure, 1908.

(2.) BRIEF facts are that the suit above -mentioned was filed by the petitioner for the eviction of the respondent from the ground floor of property No. 7, Jor Bagh, New Delhi - 110003 (hereinafter referred to as the 'suit premises'). On 23 May, 2007 this Court passed an order disposing of the suit as no matter was left for adjudication, in view of the factum of the respondent's undertaking dated 8 November, 2006 to vacate the suit premises on or before 31 December, 2007. The petitioner also agreed to give up the reliefs of mesne profits and damages if the respondent acted as per his undertaking. On the same date, the respondent paid Rs. 3,30,000/ - in cash to the petitioner as occupation and use charges for April -May, 2007. For the arrears of Rs. 1,50,000/ -, the petitioner agreed to accept Rs. 75,000/ - as full and final settlement of all of the respondent's dues. The respondent then stated that he would pay the amount of Rs. 75,000/ - "alongwith use and occupation charges which are payable for the month of June, 2007." This undertaking of the respondent was also accepted by the petitioner. On these terms, the suit was decreed.

(3.) IN his reply, the respondent has stated that he vacated the suit premises on 31 December, 2007. However, to pay the due bills, use and occupation charges he required a copy of the bills. The respondent then did not hear from the petitioner for three months thereafter, and wrote a letter dated 5 April, 2008 asking for the electricity bill. On 10 May, 2008 the respondent received the petitioner's letter dated 17 April, 2008 stating that contempt charges had been filed against him. The respondent is ready and willing to pay these charges.