M.KARPAGA VINAYAGAM, J. - (1.) THIS contempt application has been filed by the petitioners, seeking to punish the opposite parties on the ground that the opposite parties have violated the terms of compromise entered into between the parties, namely, the petitioners and the opposite parties in Title Appeal No. 119 of 1994 as they have not handed over the possession of the suit premises to the petitioners.
(2.) THE case of the petitioners is as follows: (i) The petitioners' father executed a lease deed on 31.07.1968 in respect of a shop premises in favour of the father of the defendants -tenants. (ii) On the death of the original lessor and lessee, their legal heirs have been substituted. (iii) A suit for eviction was filed in the year 1978. The suit was decreed on 22.09.1985 in favour of the lessor. (iv) The defendants -opposite parties preferred an appeal in Title Appeal No. 15 of 1985 before the Judicial Commissioner, Ranchi. (v) Though the appeal was allowed on 11.08.1988, on the order of the Supreme Court, matter was remanded to the Trial Court. (vi) After decree, the defendants -tenants filed an appeal before the Judicial Commissioner in Title Appeal No. 119 of 1994. (vii) Ultimately, having regard to the long delay of the pendency of the matter, both the parties, namely, lessor and lessee entered into a compromise on 22.07.2005 by which the lessee agreed to vacate the leased premises under the lease deed dated 31.07.1968 on or before 15.09.2005. (viii) On the basis of the compromise agreement, the Additional Judicial Commissioner disposed of the appeal and decree in terms of compromise was passed on 23.07.2005. (ix) Since leased premises has not been handed over as per the undertaking given in the compromise agreement dated 22.07.2005 on or before 15.09.2005, the petitioners filed a contempt petition before the Additional Judicial Commissioner. Since the said petition was refused to be entertained by that Court, the petitioners chose to prefer contempt petition before this Court.
(3.) THIS Court entertained this contempt petition and issued notice to the opposite parties -tenants. The tenants -opposite parties represented through counsel before this Court submitted that they are prepared to comply with the order. Accordingly an order was passed by this Court directing the defendants -opposite parties to hand over the possession on or before 01.08.2007.;