MOHAMMAD SALIM Vs. NEERAJ JAIN

JUDGEMENT

(1.) This contempt petition has been filed under Sections 10/12 of the Contempt of Courts Act, 1971, for violating the order passed by the learned District Judge in an appeal pending before him. The facts of the case are that a notice under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'the Act') was issued to the applicant on 15-5-1982 on the ground that the applicant has encroached upon the land bearing survey No. 605/1129 and has constructed 3 rooms and a courtyard thereon. The Estate Officer vide his order dated 29-6-1987 passed under Section 5 of the said Act, directed the applicant to vacate the said premises by 15/07/1987. Being aggrieved and dissatisfied the applicant filed an appeal before the learned District Judge, Kanpur Nagar, under S. 9 of the said Act and on 21-7-1987 the learned District Judge, Kanpur Nagar, passed the following order :-

(2.) It appears from the order-sheet filed by both the parties before the Court that the interim stay granted on 21/07/1987, had been extended from time to time but at several occasions it had lapsed for the interregnum periods. The case of the opposite parties is that there has been some misunderstanding on their part that the interim injunction granted by the learned District Judge/Addl. District Judge from time to time was not in operation and, thus, the opposite parties demolished the said construction on 7-9-1990. According to the opposite parties confusion/misunderstanding arose because of the letter dated 1/09/1990 written by the Advocate of the opposite parties to the opposite party No. 1 stating that the interim injunction is no more in operation (Annexure CA-1 to the contempt petition).

(3.) One of the issues to be determined in this case is whether on 7-9-1990, the date on which the opposite parties demolished the construction made by the applicant, the interim injunction was in operation or not. I had gone through the complete order-sheet, wherein the relevant order is as under :-