Leasing out the property or giving it on rent does not amount to alienation as it does not involve transfer of ownership and title.

Bakhshish Kaur, J.

1. Does renting out a premises amount to alienation or not ? Davinder Kumar and Ram Kumar sons of Sakhi Chand Dhir had filed a suit against Karanvir and others. Smt. Kamla Devi Vij-petitioner is one of the sisters of Davinder Kumar and Karanvir Singh. She is arrayed as one of the respondents in the RSA arising out of the suit filed by Davinder Kumar and Ram Kumar sons of Sakhi Chand Dhir.

2. A civil miscellaneous application bearing No. 3879-C of 1996 was filed in the RSA. Notice was issued to Karanvir and others appellants-respondents through their counsel for October 1996, directing them not to alienate the property in dispute. Copy of the order is dated September 17, 1986 Annexure P-1. This order was made absolute on October 04, 1996, copy of which is Annexure P-2.

3. The grievance of the petitioner is that despite the stay order, Karanvir- respondent has given on rent one of the shops which are the subject matter of RSA. It has been let out to Amarjit Singh son of Shri Balwant Singh on July 17, 1999. By doing so, the respondent has wilfully disobeyed the stay orders dated September 17, 1998 (Annexure P-1) and October 04, 1996 (Annexure P-2). Hence this petition under Section 12 read with Section 14 of the Contempt of Courts Act (In short `the Act).

4. The respondent, in his reply in the form of affidavit, admits the pendency of the Regular Second Appeal No. 1570 of 1986, the order passed in the Civil Misc. No. 3789-C of 1996, but it is pleaded that he has not transferred ownership of the property. He, in fact, has simply given the property on rent. The word `alienation denotes transfer of property by one person to another and imports material transfer of title. This petition has been filed simply to cause harassment and humiliation to the answering respondent. Petitioner along with Smt. Sushila Devi wife of Tarlok Chand, the attorney of the petitioner has leased out the land situated in village Bhag Budda, Tehsil Sultanpur Lodhi, District Kapurthala which is the subject matter of the RSA vide lease agreement dated 10.3.1999.

5. I have heard Shri Satinder Khanna, learned counsel for the petitioner and Shri Naresh Parbhakar, learned counsel for the respondent.

6. As per order Annexure P-1, respondent (appellant in the RSA) was directed not to alienate the property in dispute. The order Annexure P-1 passed in C.M. No. 3789-C of 1996 was made absolute vide the subsequent order Annexure P-2. Now, it is to be seen whether the leasing out the property or giving it on rent tentamounts to alienation.

7. The dictionary meaning of the word `alienation as given in Websters New Twentieth Century Dictionary of the English Language, Second Edition, is as under :-

"1. in law, a transfer of title, or a legal conveyance of property to another. 2. the state of being alienated. 3. a withdrawing or estrangement, as of the heart or affections. 4. delirium; mental derangement; insanity." The meaning of word `alienor in the said Dictionary is given as `a person who transfers the ownership of property.

8. Thus, as per dictionary meaning, a person who transfers ownership of the property is alienor. Therefore, a lease which is not a transfer of ownership and title, cannot be termed as `alienation. Thus, there is no violation of the orders Annexure P-1 and P-2 whereby alienation of the property has been stayed and not leasing out thereof.

9. In Pitamber Govinda Bhavsar v. Abdul Gafur Abdul Rajak and others, AIR 1972 Bombay 43, a somewhat similar situation arose and it was observed that "alienation" means transfer of ownership of property to another person. The word applies to absolute conveyances of immoveable property and imports an actual transfer of title. It does not include a lease."

10. This Court while deciding a contempt petition bearing COCP No. 114 of 1999 Annexure R-1 has also observed that there is a clear distinction between `mere transfer and `alienation. In the absence of any alienation, it cannot be termed t