RAM PAL, SON OF LATE BHAGAT RAM, CASTE KHATRI, SHOP-KEEPER, MAIN BAZAR, MEHATPUR, TEHSIL AND DISTRICT UNA, HIMACHAL PRADESH Vs. RATTAN CHAND, SON OF SHRI RIKHI RAM, RESIDENT OF VILLAGE MEHATPUR, TEHSIL AND DISTRICT UNA, HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an appeal filed by the appellant and one Parkasho Devi (now dead) under Section 19 of the Contempt of Courts Act against the order, dated 27.4.2001, passed by a learned Single Judge of this Court in COPC No.17 of 2000. Vide the impugned order, appellant Ram Pal was punished and ordered to be sent to simple imprisonment for six months and to pay a fine of Rs.2,000/ -. Appellant Parkasho Devi, whose name was ordered to be deleted from the party array, was also ordered to pay a fine of Rs.2,000/ -. Being aggrieved by the said order passed by the learned Single Judge, the present appeal has been filed.

(2.) FACTS leading to the filing of the present appeal are that the respondent/landlord had sought eviction order against the appellants from the Rent Controller, Una, which ended in a compromise and the eviction order was to be stayed till 31.3.2000 on furnishing undertaking to handover the vacant possession on or before 31.3.2000. The appellants furnished the undertaking, as ordered by the Court in Civil Revision No.19 of 1999. It was further alleged that a new development took place that since the premises were in possession of one Bhagat Ram, predecessor -in -interest of the appellants, Madan Lal, the other son of deceased Bhagat Ram, was in possession of the demised premises and the appellants were not in a position to handover the possession to the respondent as Madan Lal was in possession. The respondent/landlord had filed an execution petition for getting the possession and Madan Lal, brother and son, respectively, of the present appellants filed objections before the executing court asserting that the order of eviction had been procured by fraud and misrepresentation, which is not binding on him. The objections filed by Madan Lal are under adjudication before the executing court.

(3.) WE have heard the learned counsel for the parties and have gone through the record of the case.