RAM RAKH CHACHA Vs. MOHD YUSUF

JUDGEMENT

(1.) THE instant contempt petition under Section 12 of Contempt of Courts Act 1971 has been filed by petitioner against contemner, for committing wilful and deliberate breach of undertaking given in my court on 21.08.95 in S.B. Civil Second Appeal No. 140/95.

(2.) THE proceeding for contempt stems from the facts alleged in the contempt petition to the effect that late Smt. Narbada Devi who was the land lady of the suit shop filed a suit for arrears of rent and eviction of the tenant -contemner in the trial court on 20.3.80 inter alia on the ground of default in payment of rent which was decreed by trial court on 20.02.95.

(3.) THE contemner preferred a Second Appeal against the judgment and decree 'dated 22.07.95 which was posted before me for admission on 21.08.95. After hearing the arguments advanced by learned Counsel Shri R.M. Bhansali, appearing on behalf of tenant -defendant -contemner, no infirmity was found in the judgments and decree of courts below. At the end of his argument, the learned Counsel for the contemner prayed for granting some reasonable time to vacate the suit -shop. Before granting the aforesaid prayer is was inquired by the court from him as to whether his client was present in the court? The learned Counsel Shri Bhansali affirmed the presence of the contemner in court and identified him. The court inquired from the contemner whether he was willing to give an undertaking in the court to the effect that he will hand -over vacant possession of the suit shop on or before 6 months from that day i.e. 21.8.95 and will pay entire decretal amount and will continue to pay monthly rent month by month to his land lady. The contemner answered in affirmative. The court also inquired from the petitioner who was present in court, whether he had any objection in granting the aforesaid time to the contemner. The petitioner submitted that he had no objection. Thereupon the contemner gave an undertaking to the above effect in the court. After accepting his undertaking the contemner was allowed to remain in possession for six months and thereafter to hand -over vacant possession of the suit -shop to his land -lady on the abovementioned conditions on or before six months from the date of dismissal of his appeal.