RATTAN CHAND Vs. RAM LAL

JUDGEMENT

(1.) The petitioner has filed this petition with the prayer that the respondents may be held guilty of civil contempt for wilfully disobeying the order dated 5/3/1999 passed by this Court in Civil Revision Petition No. 9 of 1999 titled Ram Pal and another v. Rattan Chand, and also for wilful breach of the undertaking given in pursuance of the said order.

(2.) The brief facts of the case are that the petitioner is the landlord and respondents were the tenants of the premises, that is, the shop situated at Mehatpur, Tehsil and District Una. On the grounds that the shop in dispute is in dilapidated condition and cannot be repaired without being vacated and also that the respondents-tenants were in arrears of rent, eviction order was passed by the Rent Controller (I), Una on 29/11/1997, which was affirmed by the Appellate Authority (District Judge, Una) and the appeal filed by the respondents-tenants was dismissed on 1/12/1998. The revision petition filed against the order of the Appellate Authority met with the same fate and the eviction order against the respondents-tenants was affirmed. However, with the consent of the parties, who were present in person, the execution of the eviction order dated 29/11/1997 passed by the Rent Controller and affirmed by the Appellate Authority by its order dated 1/12/1998, was stayed till 31/3/2000 on the following conditions:- "1. The petitioners-tenants will hand over vacant and peaceful possession of the demised shop to the respondent-landlord on or before 31/3/2000. 2. The rent of the shop in dispute is Rs. 120 p.m. as held by Rent Controller. The arrears of rent w.e.f. November, 1998 to 31/3/1999 i.e. Rs. 600 has been paid by the petitioner-tenant No. 1 to respondent-landlord in the Court. Future rent w.e.f April. 1999 to 31st September, 1999 will be paid by the petitioners-tenants on or before 1 Oth October, 1999 and from 1st October, 1999 to 31st March, 2000 on or before 31st March, 2000.

(3.) The petitioners tenants will not pray for further time on any ground whatsoever." 3. The respondents-tenants were directed to file separate affidavits within one month from the date of the order stating, agreeing and undertaking as follows :-