IN THE HIGH COURT OF JUDICATURE AT MADRAS
PUSHPA SATHYANARAYANA, J.
S. Rathinavelu Chettiar Trust, Rep. by its President S. Sadasivam - Petitioner
Versus
R. Padmanabhan (Died) & Others - Respondent
Cont.P. No. 1829 of 2017 in S.A. No. 403 of 2014
Decided On : 12-03-2018
Code of Civil Procedure, 1908 - Section 47 - Contempt of Court Act, 1971- Section 12 - Contempt of court - Breach - Property case - Contempt petition filed praying to punish the respondents for committing civil contempt of court by wilfully disobeying the order of this Court made in S.A. and for committing wilful breach of an undertaking given to this Court in the memorandum of Compromise of even date, that was filed in the aforesaid Second Appeal - Held, In the light of the above discussions, this Court is of the firm opinion that the contemnors are guilty of contempt for having disobeyed the orders of this Court and committed breach of undertaking given to this Court by them as per the MOC - Thus, it is a fit case for imposing punishment as contemplated under Section 12 of the Contempt of Court Act, 1971 - Hence, the contemnors are liable for punishment for wilful disobedience - Contempt petition disposed of
1. This contempt petition is filed praying to punish the respondents for committing civil contempt of court by wilfully disobeying the order of this Court dated 27.07.2015 made in S.A.No.403 of 2013 and for committing wilful breach of an undertaking given to this Court in the memorandum of Compromise of even date, that was filed in the aforesaid Second Appeal.
2. The plaintiff is a Trust and claims to be the absolute owner of the suit property, namely, 1200 sq.ft of vacant land and thereabouts situate in Old No.1/59, New No.96/97, Gangadheeswarar Koil street, Purasawalkam, Chennai. The defendants requested the plaintiff Trust to lease the vacant land for a monthly rent and accordingly, the same was leased out to them on 27.11.1951. The defendants/tenants had also put up a superstructure on the land without the permission or consent of the plaintiff. The defendants also requested the plaintiff Trust to provide them certain amenities. While so, the defendants committed default in payment of the monthly rent of Rs.30/- p.m. from 01.01.1998. Hence, a legal notice was issued on 12.04.2000 to all the defendants/respondents calling upon them to pay the arrears of rent from 01.01.1998 to 31.03.2000. The said notice also called upon the respondents to pay a sum of Rs.,2000/- p.m. with effect from 01.04.2000. As there was no response, the plaintiff had issued notice under Section 106 of Transfer of Property Act and filed a suit in O.S.No.1617 of 2004 on the file of the XIII Assistant City Civil Court, Chennai. The suit was dismissed on 18.09.2008. Being aggrieved, the plaintiff Trust had preferred A.S.No.165 of 2009 on the file of II Additional City Court, Chennai. The first appellate Court had decreed the suit on 30.10.2012 directing eviction of the defendants/tenants. The plaintiff also had filed an execution petition in E.P.No.4438 of 2013. However, the defendants/tenants had preferred S.A.No.403 of 2013 before this Court.
3. When the Second Appeal was pending, the plaintiff Trust and the defendants/tenants had entered into a Memorandum of Compromise (in short " MOC") dated 27.07.2015, signed by all the parties, which was recorded and a judgment and decree in terms of the said MOC was passed on 27.07.2015. It is agreed by the defendants/tenants in the said MOC as follows:
(i) The defendants lessees agree and undertake to handover vacant possession of the demised land (together with the superstructure thereon after removing the newly laid Zinc sheet roof and iron pole/rods supporting the same) on or before 31-7-2017.
(ii) The defendants lessees, declare that they have no claim, by way of compensation or by any other name for the superstructure that now stands on the demised land or the remnants/remaining portions if any of the superstructure with which possession of the demised land shall be handed over to the respondent Trust.
(iii) The defendants lessees undertake to pay monthly rent at the rate of Rs.10,000/- (Rupees ten thousand only) per month for the demised land to the plaintiff-lessor for the 2 years from 1-8-2015 to 31-7-2017. This rent of Rs.10,000/- (Rupees ten thousand only) per month shall be computed in accordance with the English calendar from the 1st to the end of every calendar month.
(iv) .....
(v) The plaintiff lessor agrees to give up its claim for damages for use and occupation post termination on 30-9-2003.
(vi) Plaintiff-lessor agrees and undertakes to give up the arrears of rent also upto 31-7-2015. ..........
4. As stated earlier, the decree was passed in terms of the above MOC as per which the defendants/tenants had to vacate and handover the vacant possession on or before 31.07.2017. E.P.No.4438 of 2013 was also kept pending and was periodically adjourned. The defendants/tenants, even after the expiry of the time frame fixed under the MOC, had not vacated and handed over possession to the plaintiff Trust, but filed an application under Section 47 of the Code of Civil Procedure, 1908 (in short, "CPC") and tr
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