- (1.) The facts of this case would reveal the devious manner contrived by the present contemner namely Jai Pal Singh Sibia son of Late Jagjit Singh Sibia in collusion with the other contemner namely Ajai Kumar Jain not only to deprive the present petitioners of the possessory rights, but also to send them into throes of protracted litigation.
(2.) The present petitioners namely Ashwani Kumar Bansal and Anil Kumar Bansal are the owners of S.C.O. No.321-322, Sector 35-B, Chandigarh. For the purpose of reference of this case, it would be just and appropriate to describe both these premises separately as S.C.O. No.321 and 322 as the respondent/contemners have tried to play upon this confusion to successfully throw the factual matrix off tangent.
(3.) Jagjit Singh Sibia, the father of present contemner No.1 Jai Pal Singh Sibia was inducted as a tenant in half of the Ground Floor and full basement of S.C.O. No.321-322, Sector 35-B, Chandigarh (S.C.O.322 to be precise). A petition under Section 13 of the Rent Restriction Act was preferred by the owner Ashwani Kumar Bansal in the year 1995 and eviction orders passed on 29.4.2000. An appeal was preferred by Jai Pal Singh Sibia which was dismissed on 11.4.2002 leading to the filing of Civil Revision No.4108 of 2002 which resulted in settlement and the recording of an undertaking by the present contemner Jai Pal Singh Sibia to vacate the complete portion under his tenancy. The settlement was arrived on 4.3.2004 and the same is extracted here below :- "That the parties have compromised the matter on the following terms and conditions :- (1) That it has been agreed that in view of the compromise the petitioner as well as Smt.Satwant Kaur shall not press for the present revision petition and the same may be dismissed as withdrawn and the landlordsrespondents have agreed to allow the petitioners to enjoy the possession of the demised premises upto 31.3.2006 consisting of half ground floor and basement of the SCO in question. The landlord of his assignee shall not interfere into the peaceful possession of the demised premises of the petitioners till then. (2) That the petitioner tenant along with her mother Satwant Kaur being the LR of late Jagjit Singh Sibia undertakes to vacate the present premises i.e. half ground floor and the basement of SCO No.321-322, Sector 35-B, Chandigarh on or before 31.3.2006. (3) That they further undertake to pay future payment for the use and occupation at the rate of Rs.12,000/- per month by 10th of each month till 31.3.2006 and in case of default the landlords-respondents shall be entitled to execute the eviction order forthwith. The tenant further undertakes to supply the TDS certificates monthwise to the landlords. (4) That the landlords respondents shall not pursue the criminal case in respect of the lease deeds bearing F.I.R. No.232 and they will file requisite affidavits to get the matter settled or quashed in view of the present compromise. They have also agreed to execute all the documents which are necessary for the purpose of quashing the said F.I.R. (5) That none of the parties shall claim anything in respect of any arrears of rent/damages etc. All the disputes between the parties are settled. Any other civil or criminal case pending/filed by any party shall be withdrawn by both the parties. Witness No.1 Sd/- Satwant Kaur Sd/- Petitioner Witness No.2 Sd/- Respondent Dated 27.2.2004.";