Querist,
(2011) 6 Supreme Court Cases 385
ATMA RAM BUILDERS PRIVATE LTD
vs
A.K. TULI AND ORS
Rent Control and Eviction – Execution of eviction decree / order – Grant of time to
tenant to vacate premises after eviction confirmed by Supreme Court – Abuse of process by
tenant – Frivolous objections filed in execution proceedings initiating another round of
litigation – District Judge staying warrants of possession – Contempt petition filed after
premises not vacated within time granted – Relief / Directions – Held, it is regrettable that in
litigations between landlord and tenant when tenant loses he starts a second innings through
someone claiming to be a co-tenant / subtenant and matter remains pending for years and
landlord cannot get possession despite even a Supreme Court order – Such malpractice must
now be stopped – Supreme Court taking up case for hearing at 11.25 a.m. directing
possession of premises to be handed over to landlord by 12.30 p.m on same day – Court
posting matter for hearing again at 12.30 p.m. – Possession of premises delivered to landlord –
Hence, contempt notice discharged – Further directions passed for initiating disciplinary
action against contemnor District Judge – Directions issued for copy of order to be placed
before Chief Justices of all High Courts for information and appropriate orders – Contempt of
2Court – Civil contempt – General principles – Purging of civil contempt – Contempt of Courts
Act, 1971, S.2(b).
Contempt of Court – Nature and Scope – Contempt by court, Judge, Magistrate or other
person acting judicially – Contempt by Judge - Where Additional District Judge stayed
warrants of possession superseding / overruling Supreme Court’s order – Held, contemnor
Judge had no business to pass such order – Order totally void, hence quashed – Further,
Chief Justice of High Court directed to enquire into the matter and take such disciplinary
action against contemnor Judge as deemed fit – Constitution of India, Arts. 144, 129 and 235.
Courts, Tribunals and Judiciary – Judiciary - Subordinate Judiciary – Orders based on
extraneous considerations – Strongly deprecated – Need for such malpractices to be totally
weeded out, stressed – Held, such Judges bringing a bad name to the whole institution m
