( 1 ) BY this Order, we propose to dispose of both the appeal being FAO. (OS ). 50/97 as well as Criminal Contempt Petition No. 8/97. Before we deal with the merits of the matter, a few facts which are relevant for deciding these cases may briefly be stated as under:-

THAT the appellant is the owner of the premises being Cottage No. 6 situated within the complex of Shanti Sports Club, Vasant Kunj, New Delhi. The Sports Club is alleged to have membership of more than 1500 and is said to have the facilities like cricket ground, tennis courts, swimming pool, squash courts etc. , and is allegedly visited by more than 200 members every day. Within the Sports Complex, there are a few residential cottages. One of such cottages being cottage No. 6 is at the back of the complex. Between Cottage No. 6 and Cottage No. 7 there is a big lawn. The dispute between the parties is about the letting out and use and enjoyment of the said lawn by the occupants of cottage No. 6, namely, the respondent.

( 2 ) BY a lease deed entered into between the parties on 2nd September, 1996, cottage No. 6 at the Shanti Sports Club Complex, Vasant Kunj, New Delhi consisting of six bedrooms, one dra