V.K.FATHIMA Vs. KALATHIL KUNDANCHERI JANAKI

JUDGEMENT

(1.) Contempt Petitioner is the landlord of a building, who has secured an order of eviction under Sections 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'Act, 1965) i.e., for bona fide need and sub-lease. The order of the Rent Control Court and the appellate authority was confirmed by this Court in RCR No. 38 of 2019 as per an order dated 25.02.2019, however, granting 7 months' time to vacate the petition schedule building on the following conditions:

(2.) In compliance of the directions, tenants have filed an affidavit of undertaking before the Execution Court and the arrears of rent was also paid. Later, they filed I.A. No. 2 of 2019 before this Court seeking extension of time for surrendering the petition schedule building. But, the said application was dismissed by this Court as per order dated 20.12.2019. Apparently, E.P. No. 84 of 2017 in R.C.P. No. 76 of 2008 was pending before the Munsiff's Court, Thalassery seeking execution of the order passed by the Rent Control Court. However, after the dismissal of the I.A, for extension of time by this Court, E.A. No. 557 of 2019 was filed by one Siddique @ Raheem in the execution proceedings claiming tenancy right over the property, which according to the petitioner was done in violation of the understanding given before the execution court to surrender vacant possession of the property. Therefore, the contention advanced by the petitioner is that, being a clear violation of the undertaking given before the Execution Court, it is contempt of the court and the same is liable to be proceeded under the Contempt of Courts Act, 1971 and the Rules thereto.

(3.) We have heard learned counsel for the petitioner and perused the pleadings and documents on record.