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Head Note

Contempt Petitions  - Contempt of Court

Contempt of Court - Civil Contempt - The definition Civil Contempt includes willful breach of an undertaking given to a Court - Public interest requires that solemn undertakings given to a Court with the intention of obtaining any benefit should not be breached willfully - Respondents cannot be absolved of the undertaking on purely ground that the undertaking was given under misconception - Breach of solemn undertaking given to a Court is a serious matter and will have to be sternly dealt with - On the facts, prima facie it appears that the act of the respondents is in clear violation of the order of this Court dated 27.01.2006.

Contempt Petitions  - Contempt of Court

Contempt of Court - Undertaking before Court to Vacate Premises - At the time when the special leave petition was dismissed giving time to the respondents to vacate, the respondents never raised the plea that the third parties are in occupation of the premises and that they cannot be removed from the building - In lease deed, it is clearly mentioned that at the expiration or sooner determination of term of the lease, the lessee shall remove the building standing on the demised lands in the event quietly deliver upto the Trustees, the said demised premises together with building thereon in good condition - In terms of the lease and also as per their undertaking, the respondents are bound to hand over vacant possession of the land as well as the building - Respondents who were the lessees were allowed to continue in the demised premises - It is not known, as to how the obstructionists can claim that they are in occupation of the premises on their own right - It took nearly about three decades for the petitioner-Port Trust to obtain the decree of eviction - When the dispute relating to lease had attained finality, the obstructionists have no right to continue in occupation and cannot have any right to continue in occupation - In the facts and circumstances the case put up by the obstructionists is a clear abuse of process of law - Keeping the Contempt Petition pending, in the interest of justice directions for vacation of premises issued.

Topic(s)-Contempt of Court - Undertaking before Court to Vacate Premises - Directions issued