Judgment:
Narendra Kumar Jain, J.
1. Petitioner Ganga Sahay has preferred this contempt petition for disobedience of the order dated 30.11.2005 of this Court passed in S.B. Civil Second Appeal No. 557/2005, whereby the tenant-respondent was granted time to vacate the rented premise till 31st May, 2006.
2. Admittedly, in spite of order of this Court and written- undertaking furnished by the tenant-respondent, the premise was not vacated and the possession of the rented premise was delivered through Execution Court on 21 st December, 2006, during the pendency of this contempt petition. Now, there is no dispute in between both the parties that possession of the premise has been delivered to the petitioner on 21st December, 2006.
3. The only contention raised on behalf of the petitioner is that he could not get possession of the premise for about six months and 21 days, in spite of written-under-taking furnished by tenant-respondent, therefore,, the tenant-respondent definitely disobeyed the order of this Court and is liable to be punished under the provisions of Contempt of Court Act or at-least the petitioner should be awarded mesne profit in respect of rented premise as per prevalent market rate, which is said to be Rs. 3,000/- per month.
4. The learned Counsel for the respondent submits that he has already tendered his unconditional apology for delay in giving possession of the rented premises. He further submits that agreed rent was Rs. 87.50 per month and mesne profit may be awarded at the rate which this Court thinks fit, proper and reasonable.
5. After considering all the facts and circumstances of this case and in view of the fact that possession of the rented premise has already been delivered to the petitioner-landlord and respondent has filed written unconditional apology, I do not want to pass any order punishing the respondent with imprisonment, but I think it fit and proper as well as in the interest of justice to award costs of this contempt petition/amount of fine at the rate of Rs. 1,000/- per month for the period from 1.6.2006 to 21.12.2006, which comes to more than Rs. 6,000/- (Rupees six thousand), but I direct that a total amount of Rs. 6,000/- will be paid by the respondent to the petitioner within a period of one month from today.
6. It will be open for the petitioner to furnish his Bank Account Number to the respondent within a period of one week. In case the petitioner furnishes his Bank Account Number to the respondent, then the respondent shall deposit the said amount in the Bank Account of the petitioner, otherwise the same will be paid in cash to the petitioner within the aforesaid period.
7. With the aforesaid order and direction, the contempt petition stands disposed of.
8. In view of the disposal of the contempt petition itself, the learned Counsel for the petitioner does not press his application dated 8.3.2007 and the same is also disposed of.