SANTANU CHAUDHURI versus SUBIR GHOSH

SANTANU CHAUDHURI versus SUBIR GHOSH

While contempt is not made out due to absence of an undertaking, the Supreme Court, in the interest of justice, directs the trial court to secure delivery of vacant possession of the premises to the landlord by evicting the tenant or anyone in occupation, within a specified time, and awards costs to the petitioner.

Parties
Petitioner Landlord: Santanu Chaudhuri; Respondent Tenant: Subir Ghosh
Jurisdiction
India
Judgment Date
24 July 2007
Procedural Posture
Contempt Petition (c) No. 249 of 2006; SLP (c) No. 21766 of 2005; Contempt Petition (c) No. 23/2007 in SLP (c) No. 21766 of 2005 / Disposition
Outcome
Contempt petition disposed of; contempt petition dismissed; trial court directed to cause delivery of vacant possession to landlord; costs awarded.
Legal Topics
Eviction, Compliance With Court Orders, Execution of Decrees
Contempt of Court Property Law Landlord Tenant Law Eviction Compliance With Court Orders Execution of Decrees

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Parties

Santanu Chaudhuri

Petitioner Landlord

Subir Ghosh

Respondent Tenant

Procedural Posture

Contempt Petition (c) No. 249 of 2006; SLP (c) No. 21766 of 2005; Contempt Petition (c) No. 23/2007 in SLP (c) No. 21766 of 2005 / Disposition

Legal Issues

  1. 1 Whether the respondent is liable for contempt for not vacating the premises or filing an undertaking as directed by the Supreme Court order
  2. 2 Whether the Court should ensure delivery of vacant possession to the landlord even when no undertaking was filed

Ratio Decidendi

While contempt is not made out due to absence of an undertaking, the Supreme Court, in the interest of justice, directs the trial court to secure delivery of vacant possession of the premises to the landlord by evicting the tenant or anyone in occupation, within a specified time, and awards costs to the petitioner.

Court Disposition

Contempt petition disposed of; contempt petition dismissed; trial court directed to cause delivery of vacant possession to landlord; costs awarded.

Orders

  • Trial Court directed to cause delivery of vacant possession of premises to petitioner-landlord by eviction of respondent-tenant or anyone found in occupation, within one month of presentation of a certified copy of this order.
  • Petitioner-landlord entitled to Rs. 50,000/- as costs; respondent-tenant granted one month to deposit the cost in trial court; if not deposited, trial court to recover the amount and pay to petitioner.