Gurvind Singh vs Poonam Chand

This contempt petition has been filed by the petitioner alleging disobedience of the order dated 26.11.2018 passed by this Court.

While deciding S.B.C.W.P. No. 11038/2018, a co-ordinate Bench of this Court, inter alia, directed as under:-

"4. In view of the consent of learned counsel for the parties, the writ petition is disposed of with the following directions:-

(i) The petitioner-tenant shall be entitled to continue in occupation of the shop in question till 31.12.2019 with a condition that he would hand over the vacant possession of the shop in question to the respondents-landlords on or before 31.12.2019.

(ii) The petitioner-tenant shall pay arrears of agreed rent, if any, up to 30.11.2019 within a period of two months from today.

(iii) The petitioner-tenant commencing from 1st December, 2018 shall pay to the respondents-landlords mesne profits @ Rs.1500/- per month on or before 10th of each month.

(iv) The petitioner-tenant shall not alienate or otherwise create third party right, or hand over possession of the shop in question to any other person.

Further, the petitioner-tenant shall submit an undertaking incorporating the aforesaid conditions before the Rent Tribunal, Bikaner within a period of thirty days, from the date of this order. In case of petitioner-tenant fails to submit the undertaking as directed by this court within a period of thirty days from today, or breaches the conditions of this order, the respondents-landlords shall be entitled to the immediate execution of the judgment and possession certificate dated 10.04.2013 and obtain possession of the shop in question forthwith in accordance with law.

The writ petition stands disposed of."

It is submitted by the petitioner that pursuant to the said order dated 26.11.2018 an undertaking was presented by the tenant. Whereafter, the payment of mesne profit, as ordered by the Court, was not made regularly, resulting in the petitioner filing the application for execution in terms of the directions issued by this Court. However, the tenant, in response to the application, deposited the amount of mesne profit and claimed that now he is not a defaulter.

The execution petition is still pending and it is submitted that though it is claimed by the tenant that the entire amount has been paid till 31st December, 2019 still one month's default is there.

Submissions have also been made that the contempt petition has been filed as despite the default committed by the judgment debtor, only on account of the fact that it is claimed that the entire amount has not been deposited, the order passed by this Court is not being put in execution.

I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.

This Court while passing the order dated 26.11.2018 had specifically indicated the sequence of default in payment of mesne profit. On default being committed the petitioner has filed the execution application, wherein, a particular stand has been taken by the respondents regarding payment of the amount till 31st December, 2019 and sought rejection of execution petition.

Once the execution petition has been filed, which is now pending consideration before the Rent Tribunal, Bikaner, it is for the petitioner to prosecute the said execution petition and take it to its logical conclusion.

Filing of the contempt petition during pendency of the execution application cannot be countenanced, especially in view of the fact that sequence of non-compliance has been indicated in the order dated 26.11.2018 itself.

With the above observations, no case for proceeding in the present contempt petition is made out. The contempt petition is, therefore, dismissed.