T.S.THAKUR, V.GOPALA GOWDA, R.BANUMATHI
BOARD OF TRUSTEES OF THE PORT OF MUMBAI – Appellant
Versus
NIKHIL N. GUPTA – Respondent
JUDGMENT ;
R. BANUMATHI, J.
This Contempt Petition has been filed by the Board of Trustees of the Port of Mumbai (hereinafter referred to as ‘Port Trust’), who was the original respondent in SLP(C) No.26541 of 2005, against the respondents-contemnors for disobeying the order of this Court dated 27.01.2006, whereby this Court while dismissing the special leave petition granted one year’s time to the respondents herein to vacate the premises subject to the undertaking furnished by them.
2. Before adverting to the legal issues, brief facts which led to the filing of this Contempt Petition need to be enumerated. The petitioner is the statutory corporation incorporated under the Major Port Trust (Amendment) Act, 1974. The Port Trust leased out the suit premises admeasuring 484.95 sq. mtr. by a lease deed dated 11.07.1944 to one Abdul Majid Haji Sulleman Noorani, predecessors of the leasehold rights of the respondents for a period of ten years commencing from 01.01.1943. As per the petitioner, the respondents are the successors to the said Abdul Majid for the unexpired period of lease. The said lease expired on 31.12.1952 and has not been renewed; but the respondents continued to occupy t
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