FIRM GANPAT RAM RAJKUMAR versus KALU RAM & ORS.

FIRM GANPAT RAM RAJKUMAR versus KALU RAM & ORS.

Although no formal undertaking was filed, the parties obtained time to vacate the premises based on implied assurance to deliver vacant possession. Their deliberate actions to defeat the Supreme Court's order amount to non-compliance, and the court must ensure compliance with its previous eviction order in the interest of justice.

Parties
Petitioner: Ganpat Ram Rajkumar; Respondent: Kalu Ram; Respondent: Puran Chand
Jurisdiction
India
Judgment Date
22 September 1989
Procedural Posture
Civil Miscellaneous Petition / Disposal of Contempt Proceedings Following Supreme Court Order in Special Leave Petition No. 5597 of 1987
Outcome
Application disposed with directions; compliance enforced.
Legal Topics
Eviction, Compliance With Court Orders, Undertaking, Limitation Under Contempt of Courts Act
Contempt of Court Tenancy Law Eviction Compliance With Court Orders Undertaking Limitation Under Contempt of Courts Act

Case Brief

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Parties

Ganpat Ram Rajkumar

Petitioner

Kalu Ram

Respondent

Puran Chand

Respondent

Procedural Posture

Civil Miscellaneous Petition / Disposal of Contempt Proceedings Following Supreme Court Order in Special Leave Petition No. 5597 of 1987

Legal Issues

  1. 1 Whether failure to comply with Supreme Court order constitutes contempt under Contempt of Courts Act, 1971
  2. 2 Whether Section 2(b) and Section 20 of Contempt of Courts Act, 1971 are attracted under the facts
  3. 3 Effect of not filing undertaking as directed by Supreme Court

Ratio Decidendi

Although no formal undertaking was filed, the parties obtained time to vacate the premises based on implied assurance to deliver vacant possession. Their deliberate actions to defeat the Supreme Court's order amount to non-compliance, and the court must ensure compliance with its previous eviction order in the interest of justice.

Court Disposition

Application disposed with directions; compliance enforced.

Orders

  • Directed Senior Sub-Judge, Narnaul (Haryana) to deliver vacant possession of the shop at Sabji Mandi Narnaul, District Mohindergarh (Haryana), with police assistance if necessary.
  • Senior Sub-Judge to report compliance immediately.