(1.) The facts of this case would reveal the devious manner contrived by the present contemner namely Jai Pal Singh Sibia son of Late Jagjit Singh Sibia in collusion with the other contemner namely Ajai Kumar Jain not only to deprive the present petitioners of the possessory rights, but also to send them into throes of protracted litigation.
(2.) The present petitioners namely Ashwani Kumar Bansal and Anil Kumar Bansal are the owners of S.C.O. No.321-322, Sector 35-B, Chandigarh. For the purpose of reference of this case, it would be just and appropriate to describe both these premises separately as S.C.O. No.321 and 322 as the respondent/contemners have tried to play upon this confusion to successfully throw the factual matrix off tangent.
(3.) Jagjit Singh Sibia, the father of present contemner No.1 Jai Pal Singh Sibia was inducted as a tenant in half of the Ground Floor and full basement of S.C.O. No.321-322, Sector 35-B, Chandigarh (S.C.O.322 to be precise). A petition under Section 13 of the Rent Restriction Act was preferred by the owner Ashwani Kumar Bansal in the year 1995 and eviction orders passed on 29.4.2000. An appeal was preferred by Jai Pal Singh Sibia which was dismissed on 11.4.2002 leading to the filing of Civil Revision No.4108 of 2002 which resulted in settlement and the recording of an undertaking by the present contemner Jai Pal Singh Sibia to vacate the complete portion under his tenancy. The settlement was arrived on 4.3.2004 and the same is extracted here below :-