Case Note & Summary
The dispute arose from a landlord-tenant relationship where the petitioner, a landlord, sought eviction of the first respondent, a tenant, through a series of legal proceedings beginning with a suit filed in 1970. The eviction decree was upheld through various appeals, culminating in a Supreme Court order allowing the tenant to remain in possession until March 31, 1989, provided he filed an undertaking to vacate and pay mesne profits. The tenant filed the required undertaking, but subsequently, a third party, the second respondent, filed a suit claiming rights over the property, leading to a temporary injunction against the landlord's eviction efforts. The landlord filed a contempt petition against both the tenant and the second respondent for violating the undertaking. The Supreme Court found that the tenant had committed contempt by willfully disobeying the undertaking, which was treated as an injunction. The Court ruled that mere fines or imprisonment would not suffice and ordered the tenant to deliver vacant possession immediately. The Court also directed the District Magistrate to assist in evicting all occupants from the property. The second respondent's injunction was discharged, and the first respondent was fined and ordered to comply with the eviction (Paras 562-570).
Headnote
A) Contempt of Court - Breach of Undertaking - Misconduct amounting to contempt - Contempt of Courts Act, 1961, Section 2 - The Court held that breach of an undertaking given to the Court is tantamount to a breach of injunction, and such misconduct warrants contempt proceedings. The Court directed the contemnor to deliver vacant possession immediately and imposed a fine for the breach (Paras 568-569).
Issue of Consideration
Whether the first respondent committed contempt by breaching the undertaking given to the Court.
Final Decision
The Court found the first respondent guilty of contempt for willfully disobeying the undertaking and imposed a fine of Rs. 500, with a directive to deliver vacant possession of the premises immediately. The District Magistrate was instructed to assist in evicting all occupants, including the second respondent. The injunction against the petitioner was discharged.
Law Points
- Contempt of Court
- Breach of Undertaking
- Injunction
- Civil Procedure
- Misconduct
Case Details
1989 LawText (SC) (12) 25
Civil Misc. Petition (C) No. 13066 of 1989 in Civil Appeal No. 2628 of 1980
V. Ramaswami, Sabyasachi Mukharji
1990 AIR 464, 1989 SCR Supl. (2) 561, 1990 SCC (1) 259, JT 1989 (4) 573, 1989 SCALE (2) 1426
A.K. Sen, V.B. Joshi, G.L. Sanghi, C.M. Lodha, Shankar Ghosh, H.M. Singh, C.P. Mittal
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Nature of Litigation
Contempt proceedings arising from a landlord-tenant dispute regarding eviction.
Remedy Sought
The petitioner sought to convict the respondents for contempt and to regain possession of the premises.
Filing Reason
The first respondent violated the undertaking given to the Court regarding possession of the premises.
Previous Decisions
The eviction decree was upheld through various appeals, including a dismissal by the Supreme Court.
Issues
Whether the first respondent committed contempt by breaching the undertaking given to the Court.
Whether the temporary injunction granted to the second respondent was justified.
Submissions/Arguments
The petitioner argued that the first respondent's breach of the undertaking constituted contempt.
The first respondent contended that he was not in possession of the premises at the time of the undertaking.
Ratio Decidendi
Breach of an undertaking given to the Court is treated as a breach of injunction, constituting contempt. The Court emphasized that remedies for contempt must ensure compliance with the undertaking.
Judgment Excerpts
Breach of an injunction or breach of any undertaking given to a Court by a person in civil proceedings on the faith of which the Court sanctions a particular course of action is misconduct amounting to contempt.
There will have to be an order to purge the contempt by directing the first respondent-contemnor to deliver vacant possession immediately.
Procedural History
The petitioner filed a suit for eviction in 1970, which was decreed. The first respondent appealed, and the appeal was dismissed. The first respondent then filed a writ petition and subsequently a civil appeal to the Supreme Court, which was also dismissed. An undertaking was filed by the first respondent, but later a third party filed a suit leading to contempt proceedings.
Acts & Sections
- Contempt of Courts Act, 1961: Section 2
- Code of Civil Procedure, 1908: Order 39 Rule 1, Order 39 Rule 2, Section 151
