PANKAJBHAI PUSHKARRAY MUNSHI Vs. KIRITBHAI HARMANBHAI PATEL

JUDGEMENT

(1.) The petitioner has moved this Court by filing an application under Secs. 10 and 12 read with Sec. 2 (b) of the Contempt of Courts Act, 1971 for taking action against the respondent.

(2.) The petitioner was the landlord of the respondent-tenant. The petitioner filed H.R.P. Suit No. 3266 of 1987 for possession which was decreed on 22-10-1996, as prayed for. The appeal preferred by the present respondent being Civil Appeal No. 166 of 1996 came to be dismissed by the appellate bench of the Small Causes Court, Ahmedabad. The opponent herein preferred Civil Revision Application No. 930 of 1997 against the order of eviction before this Court which has also been dismissed by a speaking order. The respondent, however, filed an undertaking on oath which is at Annexure-B, on 24-11-1997 before this Court for vacating the premises on 16-1-1998 if there is no order passed in favour of the respondent by the Apex Court. In view of the said undertaking, respondent was allowed to occupy the premises in question.

(3.) It is very interesting to note that the respondent is not residing in the premises since 1993 as stated at the Bar by the advocate for the respondent and he is residing in the adjoining premises. In the premises, for which eviction decree is passed, the respondent stored some of his articles. Though he was actually not using the premises since 1993 for residence, for one reason or the other, he was not vacating the same but he was interested in keeping the premises in his possession.