VIDYA DEVI Vs. SHAM DASS

JUDGEMENT

(1.) A suit for eviction was filed by respondent No. 1 against the petitioners on the ground that petitioners committed default in payment of rent and the suit property was reasonably required by the landlord for re -construction. The suit was decreed by the trial court against which an appeal was preferred before this court. During the pendency of the appeal present contempt application came to be filed by the petitioners. It was alleged in the contempt application that respondent No. 1 had forged documents, as such has committed a criminal contempt.

(2.) THE facts leading to present contempt application were that a dispute had arisen on the application filed by the petitioners seeking production of additional evidence under O. 41 R. 27 CPC. It had come to the knowledge of the petitioners that respondent No. 1 had entered into an agreement to sell with respondents No. 2 to 4 herein which agreement was later on cancelled. It is further alleged that the cheques mentioned in the agreement to sell being sale consideration had been received back uncashed by respondent No. 2 from respondent No. 1 herein. This plea of the respondents taken in the aforementioned application was found to be incorrect as alleged. Respondents No. 2 to 4 had not paid the money back to respondent No. 1. It was alleged that date on the cheques were changed and false endorsement of cancellation was written on the back side stating that the cheques mentioned in the deed had been returned by respondent No. 1 to respondent No.2

(3.) OBJECTIONS to this contempt application have been filed whereby respondents have admitted the fact of agreement to sell but later on the said deed was got cancelled.