VIRENDRA NATH SORAL Vs. SAJJAN KUMAR JAIN

JUDGEMENT

(1.) This contempt petition filed on behalf of the petitioner, arises out of breach of undertaking dated 4-4-1995 furnished by the respondent-contemnor before this Court in Civil Review Petition No. 36 of 1995 arising out of S.. B. Civil First Appeal No. 57 of 1995 decided on 23-3-1995. The petitioner-plaintiff filed a suit for recovery of arrears of rent and eviction against the contemnor Sajjan Kumar Jain and M/s. Goyanka Exhibitors Pvt. Ltd. in the Court of District Judge, Jaipur City, Jaipur. The said suit was decreed on 13-1-1995 in accordance with law.

(2.) It has been contended on behalf of the petitioner that a 'suit was filed in respect of a residential premises No. D-23, Sarswati Marg, Bani Park, Jaipur against the defendant-contemnor for his eviction on the ground that the suit premises were taken on rent @ Rs. 7000/- p.m. for the purpose of running guest house and office. Eviction was sought on the ground that the contemnor had violated the condition of the tenancy and the premises were not kept in proper condition and the arrears of rent w.e.f. 10th September, 1990 were due against the contemnor. It was further contended that the premises in question had been sub-let by the contemnor to M/s. Goyanka Exhibitors by parting with its possession during the subsistence of tenancy in violation of the terms of the agreement. Eviction was also sought on the ground of personal bona fide necessity.

(3.) After framing the issues and hearing both the parties, learned trial Court vide its judgement and decree dated 13-1-1995 decreed the suit in favour of the plaintiff-petitioner. Being aggrieved by the aforesaid judgement and decree the defendant-contemnor filed an appeal in this Court which was registered as Regular First Appeal No. 57/95 and the said appeal was listed for hearing on 10th March, 1995 when the record was called for. The said appeal was finally heard and rejected by this Court vide its judgement dated 23rd March, 1995. Thereafter the appellant-contemnor preferred a review which was registered as S. B. Civil Review Petition No. 36/95. During the course of hearing of the review petition an under-taking was given to this Court on 4-4-1995 by the contemnor to the effect that in the event of rejection of his review petition on merits by this Court, he will be bound by the decree and that the contemnor shall pay the decretal amount to the decree-holder-petitioner. Keeping this aspect of the matter in view this Court vide its order, dated 4-4-1995 had directed that it shall be open to the contemnor that if he intends to prefer a special appeal he will be at liberty to do so and while relying upon the undertaking given by the contemnor-respondent herein, stayed the execution of the decree by its order dated 4-4-1995. The undertaking dated 4-4-1995 of the contemnor was to the following effect :