SNEHALATHA DEVADSASON Vs. MALCOM JOSEPH

JUDGEMENT

(1.) All these Contempt Petitions are filed against the violation of the undertaking affidavit filed by the respondent in the Court. According to the petitioner herein, she filed RCOP Nos. 2366 of 1994, 1421 of 1995 and 899 of 1997 for eviction of willful default in payment of rents for different periods against the respondent C.B. Joseph, a partnership firm and its partners. The respondent is representing the firm and its partners. The said RCOPs were dismissed, against which RCA Nos. 589 of 1997 were filed. By a common order, the appellate authority allowed the same and eviction was ordered. Against the same the respondent preferred CRP (NPD) Nos. 577 to 579 of 2002 before this Court. This court by a common order dated 23.11.2011 passed the following order:

(2.) Pursuant to the above said order, the respondent, on 7.12.2011 filed an affidavit of undertaking to vacate the petition premises by the end of 31.5.2012 Even thereafter, he has neglected to hand over possession. Therefore, the petitioner herein issued a Notice on 17.7.2012 to comply with the undertaking. The notice was acknowledged on 20.7.2012. Even thereafter he failed to vacate the premise. The respondent willfully breached the undertaking given before this Court on 7.12.2011. Therefore, the petitioner has come forward with these Contempt Petitions.

(3.) Notice was ordered by this Court. The respondent has appeared. He has also filed a counter affidavit, mainly contending that he had originally undertaken to vacate the premises on the presumption that the sub-tenants, who were then in occupation of the building, will vacate after the order of eviction. He had, in fact, issued a notice to the sub-tenants on 3.12.2011 giving 3 months. But, without vacating the same, they, in turn, filed Suits in O.S. Nos. 2405, 2406, 2407 and 2408 of 2012 on the file of XVII Assistant Judge, City Civil Court, Chennai. But, no injunction has been granted by the lower Court. The sub-tenants also filed petitions in RCOP Nos. 1885, 1886, 1887 of 2012 and 83 of 2013 under Section 8(5) of the Tamil Nadu Building Lease and Rent Control Act for deposit of rent. Even in the counter in the contempt petition, he only stated that he is ready to hand over possession and he has kept it vacant. He is unable to hand over possession because of the Civil Suits are pending and the RCOPs are pending and the sub-tenants are not vacating the premises. Therefore, he would only contend that he may exonerated from the contempt and he is also willing to cooperate with the landlord for evicting them from the premises in question. He has no objection for appointing an Advocate Commissioner or any other mode for evicting them from the property. He would further contend that he is not colluding with them.