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1 - 4 of 4 (0.25 seconds)Babu Ram Gupta vs Sudhir Bhasin & Anr on 12 April, 1979
(5) Notice of the petitioner was issued to the tenant-contemner. The petition has been resisted on the ground that the compromise arrived at between the parties was out of Court and as such at best the same is executable and does not give any cause of action to the petitioner to file a petition under the Contempt of Courts Act. The alleged undertaking given in the statement is undertaking to the landlord and cannot be interpreted to be an undertaking to the Court. It has further been pleaded in the reply that the petitioner- landlord is not entitled to file the petition since he did not carry out the repairs as undertaken by him. During the course of arguments, strong reliance was placed by the learned counsel for the respondent on Babu Ram Gupta v. Sudhir Bhasin and another, and on Sukumar Mitra v. Tara ShankerKhernka, for the proposition that if the action is based on compromise the order is only excitable and the provisions of the Contempt of Courts Act do not apply.
Sardari Lal vs Ram Rakha on 11 May, 1984
(7) In view of the case referred to above, it has to be seen whether in the present case there was any such undertaking to the Court. After giving my careful consideration to the facts of the case, and in particular to the statement of the respondent-tenant, I am of the opinion that it leaves no manner of doubt that an express undertaking was given to the Court that the respondent will hand over vacant possession of the premises to the petitioner-landlord on or. before 31-12-1983. The respondent having taken advantage of her statement inasmuch as the statement was made in March 1981 and time was obtained till 31-12-1983 i.e. for a period of almost three years cannot now turn round and say that this was only a compromise out side the court and could not amount to an undertaking to the Court. In the statement it is specifically stated: "I undertake to this Hon'ble Court that I shall vacate the premises on or before 31-12-1983."
Section 21 in The Delhi Rent Act, 1995 [Entire Act]
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