LADLAY MOHAN MATHUR Vs. B S BHATNAGAR

JUDGEMENT

(1.) THIS petition under Section 12 of the Contempt of Court Act, has been moved by Sri Ladlay Mohan Mathur with the prayer that respondent Sri B. S. Bhatnagar be punished for not complying with the undertaking in Clause 4 of the compromise entered into between the parties in Second Appeal No. 237 of 1976.

(2.) THE respondent Sri Bhatnagar was tenant of a portion of premises no. 455, Attarsuiya, Allahabad of which the petitioner is the landlord. A suit for ejectment was filed against the respondent by the landlord for the ejectment and recovery of rent. It was contested by the tenant and was decreed by the trial court on 12th January, 1973. THE tenant went in appeal and the appeal was also dismissed. THE tenant approached this Court in II Appeal No. 237 of 1976. It is alleged that here the parties filed a compromise (Annexure-1).

(3.) IN this view of the matter non-compliance of the clause or clauses of the compromise or the consent decree as alleged by the learned counsel for the petitioner does not amount to civil contempt. The petition for initiating civil contempt proceedings is consequently rejected. Application rejected.