GYAN CHAND Vs. RAMESH CHAND

JUDGEMENT

(1.) Gyan Chand and another, petitioners, have through this petition sought punishment of Ramesh Chand respondent for contempt of court inasmuch as it is alleged that the respondent wilfully committed breach of the undertaking given by him to the court.

(2.) Annexure 1 is the order of this Court passed in Civil Misc. Writ Petition No. 4262 of 1983 Ramesh Chand v. Gyan Chand dated 23- 5-1983. The relevant portion of that order reads as follows:

(3.) It is alleged that Ramesh respondent (tenant-petitioner in the writ petition) was, therefore, supposed to hand over peaceful possession over the released portion of the accommodation to the present petitioners landlords by 23-6-1983. However, the respondent did not fulfil that undertaking deliberately and wilfully even till the present contempt petition was moved. In the counter- affidavit it was contended that the portion in question was vacated by the respondent within the time granted by the court and the respondent even requested the present petitioners (landlords) to take its possession but they deliberately avoided to do so with some ulterior motives. The respondent had even sent a telegram dated 22-6-1983 to the present petitioners about the said fact. Thus, the respondent's defence is that the present petitioners themselves in order to put the respondent in critical situation had deliberately avoided to take possession which was offered to them well within time.