TMI Blog1996 (9) TMI 641X X X X Extracts X X X X X X X X Extracts X X X X ..... by both the learned counsel, time to hand over vacant possession to Smt. Rita Markandey in granted till 31st March 1995. This shall be subject to the usual undertaking to be filed by the appellant-tenant within four weeks from today. On the respondent's failure to handover vacant possession of the suit premises on or before March 31, 1995 to Smt Rita Markanday (hereinafter referred to as the petitioner), the daughter of Prakash Lal Sharma, who had died in the meantime, in terms of the above order she put in an application for execution of the eviction order before the Rent Controller, Chandigarh in or about the month of May, 1995 On that application a notice was issued to the respondent asking him to show cause why the eviction order should not be executed. In showing cause the respondent asserted that he was in occupation of three rooms, one garage, one store, One kitchen, one bathroom and a toilet on the ground floor of the house in question and not only of the suit premises - and therefore the eviction sought for was impermissible. Other contentious issues of fact and law against the execution were also raised. Before, however, the matter could be further pursued by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cifically stated that nor I have any other residential premises for my residence except one room and garage in the suit premises owned by the respondent herein. Therefore in these circumstances the respondent has belatedly taken possession of the other portion of the suit premises forcibly during the pendency of Appeal in the Supreme Court and has grossly misused the concession of stay orders given by this Hon'able Court during the course of litigation and subsequently now put up a new case at the time of objection petition According to the petitioner the respondent took such forcible possession to circumvent the implementation of the order of this Court dated October 5, 1994 and therefore it also amounts to contempt of Court. After perusing the petition this Court issued a notice to the respondent asking him to show cause why he should not be committed for contempt of Court and in response there to the filed an affidavit pleading that the garage in question was vacated long back and possession of the same was delivered to the deceased landlord (Parkash Lal Sharma). His other plea is that as he had not filed any undertaking in terms of the order of this Court he could no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d tried to give possession of the garage only and not the room in question. The report further disclosed that the possession of the garage was also not delivered to the decree holder and the garage was again locked up by the respondent at 5.30 P.M. on October 14, 1995. In other words, the report fully supported the assertions of the constituted attorney of the petitioner. As from the report of the local Commissioner and the comments of the Rent Controller this Court was of the opinion, Primafacie, that the respondent had not only made an incorrect statement in this Court but also filed an affidavit falsely stating that he had handed over the vacant possession of the suit premises in compliance with the order of this Court dated October 5, 1994, a Rule was issued asking him to show cause why he should not a punished for contempt of Court an further why proceeding should not be initiated against him for committing perjury. The respondent, who was personally present in the Court along with his counsel, took notice of the Rule and prayed for two weeks time to file his reply thereto. The prayer was allowed and the matter was listed on November 10, 1995 for further proceedings on which d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t without resolving the problem of delivery, the contemner thereafter, immediately disassociated itself from the premises. It is further respectfully submitted that the disputed premises is very much in possession of the Attorney of the Landlord. In terms of the earlier order of this Court when the matter was taken up for hearing on February 6, 1996 the respondent again absented himself and his learned counsel was also not present. In such circumstances the Court cancelled the bonds earlier furnished by the respondent and his surety and issued non-bailable warrant of arrest against the former. Both the respondent and Shri Sandeep Bhardwaj, who stood surety for him, were also asked to show cause why the amount of bonds furnished by them should not be forfeited. The Rent Controller was also asked to inform this Court on or before March 12, 1996 whether the respondent had handed over the vacant possession of the suit premises and he was directed that in case possession had not been delivered he should ensure that the possession was delivered to the petitioner, through police help, if necessary. In compliance with the said direction the Rent Controller submitted a report stating th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt to vacate the premises from which he is liable to be evicted under the orders of the Court and there is a clear and deliberate breach thereof it amounts to civil contempt but since, in the present case, the respondent did not file any undertaking as envisaged in the order of this Court the question of his being punished for breach thereof does not arise. However, in our considered view even in a case where no such undertaking is given, a party to litigation may be held liable for such contempt if the Court is induced to sanction a particular course of action or inaction on the basis of the representation of such a party and the Court ultimately finds that the party never intended to act on such representation or such representation was false. In other words, if on the representation of the respondent herein the Court was persuaded to pass the order dated October 5, 1995 extending the time for vacation of the suit premises, he may be held guilty of contempt of Court, notwithstanding non furnishing of the undertaking, if it is found that the representation was false and the respondent never intended to act upon it. However, the respondent herein cannot be held liable for contemp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has also the tendency to impede, obstruct and interfere with the administration of justice. The filing of false affidavits in judicial proceedings in any Court of law exposes the intention of the party concerned in perverting the course of justice. The due process of law cannot be permitted to be slighted nor the majesty of law be made a mockery of by such acts or conduct on the part of the parties to the litigation or even while appearing as witnesses. Anyone who makes an attempt to impede or undermine or obstruct the free flow of the unsoiled stream of justice by resorting to the filing of false evidence, commits criminal contempt liable to be dealt with in accordance with the Act . The above observations dovetail into the facts of the instant case, for there cannot be any manner of doubt that by filing false affidavits the respondent had not only made deliberate attempts to impede the administration of justice but succeeded in his attempts in delaying the delivery of possession. We, therefore, hold the respondent guilty of criminal contempt of Court. That brings us to the question whether the respondent should be discharged in view of the unconditional apology he has offe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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