Madras HC awards tenant detention punishment for contempt of court

The Madras High Court has awarded a punishment of a month’s of imprisonment and a fine of Rs 2, 000 to a person for having committed contempt of court. Justice M Jeyapaul said Govindaraj, who suffered a decree for eviction and undertook to vacate a rented premises within four months, fabricated a receipt to show that it was passed on by land owner and deliberately disobeyed the High Court’s order as also an affidavit of undertaking he had given. Following submission by his counsel that Govindaraj had been hospitalised, Justice Jeyapaul, on Monday suspended his order till tomorrow. If he did not surrender before December 12, the Registry should issue a non-bailable warrant against him, the judge said. Confirming the findings of the Rent Control Appellate Authority, counsel for Govindaraj had sought six months to vacate the premises. But the High Court, while dismissing the petition, granted four months to the respondent to vacate and hand over the premises to the landlady H Suraj Bai of T Nagar. It also asked Govindaraj to file an undertaking. He filed the affidavit, undertaking to deliver the vacant possession to the petitioner by March this year. Through her power agent, the landlady contended that despite a telegram sent to the tenant of his undertaking, he failed to hand over possession of the premises. Allowing the contempt application, Justice Jeyapaul said before taking up the petition enquiry, the respondent was asked whether he was prepared to deliver the portion in his occupation to the petitioner in compliance with the court order and his undertaking, but he refused and chose to contest the contempt petition. Therefore, the tenant’s conduct of disobeying the court order and his undertaking was found contumacious, the judge added. UNI

"Loved reading this piece by Prakash Yedhula?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group