The significance of respecting undertakings given to the court and the consequences of persistent breach of consent decrees in property disputes.

JUDGMENT :

Subramonium Prasad, J.

1. The instant contempt petition has been filed for wilful disobedience of the Order dated 14.03.2012, passed by this Court in C.S.(O.S) No. 1547/2006.

2. Facts, in brief, leading to the instant contempt petition are as follows:

(a) It is stated that the Petitioner herein had inherited the property bearing No. E-54, Pachsheel Park, New Delhi -110017 (hereinafter referred to as 'the property in question'), from her late sister, Kamla Gupta. It is stated that the brother-in-law of the Petitioner herein, namely, R.N. Kapur, resided on the ground floor of the said property along with his wife, Raksha, who was also a sister of the Petitioner herein. It is stated that on the death of the Petitioner's sister, i.e. Raksha, the husband of Raksha, i.e. R. N. Kapur, filed a suit before this Court being C.S. (O.S.) No. 1547/2006, claiming to be the owner of the ground floor of the property in question.

(b) It is stated that the said suit was settled before the Delhi High Court Mediation and Conciliation Centre. Relevant portion of the settlement agreement dated 24.10.2011 reads as under:

"ii. The defendants agree and undertake that the plaintiff shall continue to live in the entire ground floor of the property bearing No. E-54, Panchsheel Park, New Delhi during his entire life time and they shall not either dispossess him or interfere in his peaceful use and enjoyment of the said portion of the said property.

iii. The defendants further agree and undertake that they shall not sell, alienate or otherwise incumber property No. E-54, Panchsheel Park, New Delhi during the life time of the plaintiff. In case of violation of this condition, the defendants shall be liable to pay 50% of the value of the said property to the plaintiff forthwith.

iv. The defendants also agree and undertake that they will not carry out any structural changes in the aforesaid property during the life time of the plaintiff. The plaintiff further also undertakes not to part with possession or otherwise create any third party interest in the portion occupied by him during his life time. The parties shall continue to maintain status quo as on today in respect of property No. E-54, Panchsheel Park, New Delhi.

v. On the aforesaid agreement and undertaking given by the defendants, the plaintiff does not wish to press his claim in the present suit and does not object if the suit is disposed off in terms of the aforesaid undertaking after the same is accepted by the Hon'ble Court. The plaintiff declares and assures "the defendants that after his death, the defendant shall become the sole and exclusive owner of the entire property No. E-54, Panchsheel Park, New Delhi. The defendant shall, in such event, be entitled to take physical possession of the ground floor of the Panchsheel Park property after the expiry of 3 months from the date of his death" (emphasis supplied)

(c) In terms of the settlement, a joint application under Order XXIII Rule 1/3 read with Section 151 CPC was filed before this Court. On 14.03.2012, this Court passed a decree in terms of the settlement deed. The decree was passed in presence of the Plaintiff and the Defendants.

(d) It is stated that R.N. Kapur lived alone on the property in question along with his domestic help till he breathed his last on 05.02.2018. The Petitioner, thereafter, in accordance with the directions of this Court in order dated 14.03.2012 rendered in C.S. (O.S.) No. 1547/2006, took possession of the property in question on 07.05.2018.

(e) It is stated that on the night of 24.05.2018, the Petitioner received a call in the evening from the tenant, who was residing on the first floor of the property in question, informing her that some people had trespassed in the property, i.e. the ground floor of the property in question. It was found that the Respondents No. 1, 2 & 3 had trespassed the property in question. Consequently, the Petitioner filed a complaint before the local police on 20.05.2018 and on 01.06.2018.