S.RATHINAVELU CHETTIAR TRUST Vs. R.PADMANABHAN

JUDGEMENT

(1.) This contempt petition is filed praying to punish the respondents for committing civil contempt of court by wilfully disobeying the order of this Court dated 27.07.2015 made in S.A.No.403 of 2013 and for committing wilful breach of an undertaking given to this Court in the memorandum of Compromise of even date, that was filed in the aforesaid Second Appeal.

(2.) The plaintiff is a Trust and claims to be the absolute owner of the suit property, namely, 1200 sq.ft of vacant land and thereabouts situate in Old No.1/59, New No.96/97, Gangadheeswarar Koil street, Purasawalkam, Chennai. The defendants requested the plaintiff Trust to lease the vacant land for a monthly rent and accordingly, the same was leased out to them on 27.11.1951. The defendants/tenants had also put up a superstructure on the land without the permission or consent of the plaintiff. The defendants also requested the plaintiff Trust to provide them certain amenities. While so, the defendants committed default in payment of the monthly rent of Rs.30/- p.m. from 01.01.1998. Hence, a legal notice was issued on 12.04.2000 to all the defendants/respondents calling upon them to pay the arrears of rent from 01.01.1998 to 31.03.2000. The said notice also called upon the respondents to pay a sum of Rs.,2000/- p.m. with effect from 01.04.2000. As there was no response, the plaintiff had issued notice under Section 106 of Transfer of Property Act and filed a suit in O.S.No.1617 of 2004 on the file of the XIII Assistant City Civil Court, Chennai. The suit was dismissed on 18.09.2008. Being aggrieved, the plaintiff Trust had preferred A.S.No.165 of 2009 on the file of II Additional City Court, Chennai. The first appellate Court had decreed the suit on 30.10.2012 directing eviction of the defendants/tenants. The plaintiff also had filed an execution petition in E.P.No.4438 of 2013. However, the defendants/tenants had preferred S.A.No.403 of 2013 before this Court.

(3.) When the Second Appeal was pending, the plaintiff Trust and the defendants/tenants had entered into a Memorandum of Compromise (in short " MOC") dated 27.07.2015, signed by all the parties, which was recorded and a judgment and decree in terms of the said MOC was passed on 27.07.2015. It is agreed by the defendants/tenants in the said MOC as follows :