Contempt of court
Kavi Kulkarni
(Querist) 02 August 2018
This query is : Open
I have a Complaint with regards to a Row House before the Consumer State Commission. In that context, I had obtained a stay from the Commission "Not to sell or create third party rights" from the commission and the OP's were present during the hearing and also gave a verbal undertaking to that effect. No body was occupying the suit premises at that time of stay and neither did the OP's contend to that effect. Few months later, I noticed that the premises was seen to be occupied by a family of 5 (Husband, wife & 3 children). Hence I filed Contempt petition before the Commission for violation of the stay order with photographs and video of the people occupying the suit premises. The OP's firstly took a stand that in their reply to Contempt petition that they do not need anybody's permission to occupy the suit premises. Later, on the date of final arguments they sought time and filed an Affidavit on the next date that the people occupying the premises are the caretakers of the premises. Now my lawyer says that they are protected by the Affidavit and the burden of proof has shifted back on me and I have to bring more evidence or the Contempt petition will be dismissed !
Please guide !
Dr J C Vashista
(Expert) 03 August 2018
Entire case file is required to be perused.
You should have faith in your lawyer, however, if you have lost faith you must replace him/her immediately.
R.Ramachandran
(Expert) 03 August 2018
Your lawyer is right. By saying that they are caretakers, he says that no right (not even the tenancy right) has been created in their favour. Therefore, once they have taken such a stand, there is no contempt of the order of the Commission. In such a situation, it is for you as mover of the contempt petition to bring in evidence to show that they are not caretakers, they are tenants, that they are paying rent etc. etc. Your lawyer is right.
