Contempt of high court order
Mohan
(Querist) 22 November 2013
This query is : Resolved
A case in Small Cause Court of Mumbai was decided against the defendant, Mr.A & B (trial court). Decree was passed to vacate the peaceful possession of suit premises i.e. 2 rooms on the mezzanine floor of the suite property and not to create third party interest. Appeal was filed by the original defendants and lost. A revision petition was filed by the original defendant/s in Mumbai High Court and lost again. An undertaking was given by original defendant/s in the High Court for not creating third party interest and giving peaceful possession of suit premises. The defendant/s were to vacate the suit premises by 31/10/2013. One of the defendant left the premises leaving behind her daughter (aged about 50) the adjacent passage of the mezzanine floor. Other defendant was evicted as per court order and possession taken by the landlord. Whether this amounts contempt of court on the part of one of the defendants and defendant's daughter can be evicted from the passage. If yes, then what needs to be done. Please advice
Devajyoti Barman
(Expert) 22 November 2013
Yes, you can file contempt petition in high court for non compliance of undertaking given before it.
Mohan
(Querist) 23 November 2013
Thanks for reply. One more cl-itch in the case is daughter's name was not the party in the plaint. She is taking stand that since she was not party in the plaint she cannot be evicted from the passage. She has her proofs such as PAN card, Voter ID card etc. registered on suite premises.
Please advice.
Rajendra K Goyal
(Expert) 23 November 2013
If she was not the original occupant( in the documents) she is occupying in the capacity of interest created as third party by previous occupants. Contempt may be filed against previous occupants on the ground.
Mohan
(Querist) 23 November 2013
She is referred anywhere in the plaint however, she has proofs as mentioned above for long time, may be even before suit was filed in trial court.
Mohan
(Querist) 23 November 2013
I mean she is not referred anywhere in the plaint.
Devajyoti Barman
(Expert) 25 November 2013
Who is tenant? Only tenant is is to be evicted. With him sub-tenant or licensee also goes.
Mohan
(Querist) 25 November 2013
There is no tenant or sub-tenant. Mr.X was poojari of our temple (suit property) and was given 2 rooms (suite premises) on the mezzanine floor (having passage/vharanda) to live and take care of all duties of God. We had nokarnamas with him (service agreement). He expired leaving behind his wife, son and daughters (daughters married and one of them, Ms.Y, living with Mr.X in the suite premises. She has encroached the passage/vharanda.
