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1986 Supreme(Bom) 201

S.N.KHATRI, R.L.AGARWAL
Uttam Hundrajmal Awatramani & another – Appellant
Versus
Jayant Dattatraya Bhalerao & another – Respondent


JUDGMENT - S.N. KHATRI, J.:---This is an appeal by the two contemners who have been ordered by a learned Single Judge of this Court to be detained in Civil Prison for a month and to pay a fine of Rs. 200/- each for committing civil contempt.

2. The material facts are not in dispute and they are these: The first contemner Uttam is the son of one Rukmini. The second contemner Shyam is her son-in-law. The first respondent Jayant Bhalerao (hereafter for short "the plaintiff") instituted Regular Civil Suit No. 2475 of 1980 in the Pune Small Causes Court for eviction of the first contemner from a house, bearing C.T.S. No. 851/2, Bhandarkar Institute Road, on three grounds, namely, default in payment of rent, unlawful sub-letting and the tenant's having acquired an alternate suitable residence. The two sub-tenants were also impleaded as defendants Nos. 2 and 3. They are not parties before us. This suit was decreed by the Small Causes Court on 15th February, 1982 and the first contemner was directed to deliver possession of the premises (hereafter, for short "the suit premises") to the plaintiff. Here it may be noted that the second contemner was not a party to that suit. The first contemne















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