SHRINIVAS RAMNATH PAI Vs. SHAIKH YACUB MUZAWAR

JUDGEMENT

(1.) THE petitioners have filed Contempt Petition for wilful disobedience of the orders passed by this Court dated 15th September, 2005 passed in W. P. No.256/2005 and order dated 13th December, 2005 passed in M.C.A. No.943/2005.

(2.) BRIEFLY, the facts leading to filing of the Contempt Petition are as under : The petitioners are the legal representatives of Shri Sriniwas Ramnath Pai (the landlord) and the respondents are the legal representatives of Shri Shaikh Yacub Muzawar, (the tenant) who was tenant of deceased Sriniwas Pai in respect of the suit house. By lease deed dated 10th February, 1956, the suit house was leased out to the tenant. The landlord filed an application against the tenant seeking eviction from the said suit house. Since during the pendency of the proceedings the tenant did not deposit the rents due to the landlord, the landlord filed an application under Section 32(4) of the <ACT>GOA, DAMAN AND DIU BUILDINGS (LEASE, RENT AND EVICTION) CONTROL ACT, 1968</ACT> ('The Act' for short) for stopping the proceedings and for direction to the tenant to hand over vacant possession of the suit house to the landlord. By order dated 15th January, 2001, the applications were allowed by the Rent Controller and the tenant was ordered to vacate the suit house. Against the said order Eviction Appeal No.49/2001 was preferred before the Administrative Tribunal, which was dismissed by the Tribunal by order dated 21st February, 2005. It appears that during the pendency of the proceedings before the Administrative Tribunal, the original tenant expired and the respondents, who are his legal representatives, are brought on record. Similarly the original landlord also expired and the petitioners, who are his legal representatives, are brought on record.

(3.) THE petitioners filed the present petition on 4th March, 2006 alleging that the respondents had wilfully and deliberately disobeyed the orders passed by this Court.