Supreme Court Disposes of Contempt Petition with Directions for Vacating Premises and Rent Payment. Court Orders Contemnor to Comply with Possession and Rent Payment within 48 Hours.

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Case Note & Summary

The Supreme Court of India addressed a contempt petition involving the petitioners Davinder Kumar and others against the respondent Jagdish Singh. The court heard the arguments from both parties and noted the presence of the contemnor in court. The contemnor undertook to vacate the premises and to hand over vacant and peaceful possession to the landlord within 48 hours. The court stipulated that if the possession was not handed over within this timeframe, a non-bailable warrant would be issued against the contemnor. Additionally, the court directed the contemnor to pay the agreed rent for 8 months within 48 hours, unless it had already been paid. The contempt petition was disposed of with these directions.

Headnote

A) Contempt of Court - Compliance with Court Orders - Requirement to Vacate Premises - Not applicable - The contemnor undertook to vacate the premises and hand over possession within 48 hours, failing which a non-bailable warrant would be issued. The court also directed payment of agreed rent for 8 months within the same timeframe. Held that compliance was necessary to uphold the court's authority (Paras Not mentioned).

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Issue of Consideration

Whether the contemnor should vacate the premises and pay the agreed rent.

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Final Decision

The court directed the contemnor to vacate the premises and hand over possession within 48 hours, failing which a non-bailable warrant would be issued. The contemnor was also ordered to pay the agreed rent for 8 months within the same timeframe.

Law Points

  • Contempt of Court
  • Possession
  • Non-bailable Warrant
  • Rent Payment
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Case Details

2011 LawText (SC) (05) 70

Contempt Petition (C) No.128/2011 in SLP(C) No.27703/2010

2011-05-12

Dalveer Bhandari, V.S. Sirpurkar, Deepak Verma

Davinder Kumar & Ors.

Jagdish Singh

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Nature of Litigation

Contempt petition regarding possession of premises and rent payment.

Remedy Sought

Petitioners sought enforcement of possession and payment of rent.

Filing Reason

Allegation of non-compliance with prior court orders.

Issues

Compliance with court orders Payment of rent

Submissions/Arguments

Contemnor undertook to vacate premises Contemnor to pay agreed rent

Ratio Decidendi

The court emphasized the necessity of compliance with its orders to maintain authority and ensure justice.

Judgment Excerpts

The contemnor is present in Court. He undertakes to vacate the premises and hand over the vacant and peaceful possession of the same to the landlord within 48 hours.

Procedural History

The contempt petition was filed and heard in the Supreme Court, leading to the present order.

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