AIR 1982 SUPREME COURT 1461 ::1982 CriAppR(SC) 334 ::1982 UJ (SC) 590 ::1982 (3) SCC 128 ::1982 SCC(Cri) 632 ::1982 (8) All LR 647

Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): D. A. Desai, V. Balakrishna Eradi , JJ

Contempt of Courts Act (70 of 1971) , S.2— Civil contempt - Defendant in suit for possession giving undertaking to Court that he will give possession of disputed property in agreed time - Breach of undertaking - Contempt petition - At hearing contemner filing affidavit and showing his readiness and willingness to carry out the undertaking - Court refrained to take action. The defendant in a suit for possession against whom decree was passed, after losing in the first and second appeals reached the Supreme Court under Article 136 . This leave petition was also dismissed but on agreement between the parties and on an undertaking being given by the defendant to the Court that he would give possession of disputed premises in agreed time the Court gave time to the defendant to give vacant possession of the disputed property to the plaintiff. Just before the expiration of the period granted by the Supreme Court the defendant filed a petition urging the Supreme Court to extend time. The plaintiff thereupon alleged that the defendant has committed a contempt of the Supreme Court as he has committed wilful breach of the solemn undertaking given in the Supreme Court. The defendant appeared in response to the notice issued and contended that he is willing to handover possession of that part of the property which was subject matter @page-SC1462 ....