- (1.) The applicant has approached this Court for defiance of the final order dated 16.9.2010, passed in Civil Revision No. 389 of 1996, by which this Court has allowed the revision putting certain conditions to vacate the premises in dispute up to 31.12.2010. The conditions imposed by the Court is being quoted below: 1. The tenant opposite party shall deposit the entire arrears of rent and damages for the period up to December, 2010 within a period of one month from today before the Trial Court by way of bank draft drawn in favour of the applicant-landlady. 2. An undertaking on affidavit shall be filed by a responsible officer of Jal Nigam that the tenant will vacate the disputed accommodation on or before 31st December, 2010 and shall hand over the peaceful vacant possession to the plaintiff-landlady without creating any third party interest. According to applicant, condition Nos. 1 and 2 have not yet been complied with and no affidavit has been filed in the shape of undertaking as well as rent has not yet been deposited, therefore, opposite parties are in contempt of this Court's order dated 16.9.2010. Hence, the present application for contempt.
(2.) After consideration of the judgment and order passed by this Court, it is clear that time to vacate the premises has been granted up to 31.12.2010, on a condition that tenant will deposit the entire arrears of rent up to 31.12.2010 within a period of one month by Bank Draft. Further, an undertaking shall be given in the shape of affidavit regarding the fact that he will handover the peaceful possession of the premises by 31.12.2010. Admittedly, 31.12.2010 has not yet expired. From the perusal of the conditions, mentioned above, it is clear that in case order of this Court is not complied with, it will stand automatically vacated.
(3.) In the opinion of the Court, if the aforesaid two conditions have not yet been complied with, then the opposite parties are not entitled to retain the possession of the premises in dispute after 31.12.2010. Further, in case the conditions of the order has not yet been complied with, an application before the competent Court of law can be filed that as the order has not been compiled with, the opposite parties are not entitled to retain the possession. But, in the opinion of the Court, it cannot be said and held that there is any contempt or defiance of the order of this Court unless and until the period mentioned in the judgment is expired.;