Punjab & Haryana High Court Imposes ₹2 Lakh Costs on Tenant for Wilful Disobedience

The Punjab & Haryana High Court has imposed exemplary costs of ₹2,00,000 on a tenant for wilful and deliberate disobedience of its earlier order directing him to hand over vacant possession of the disputed property to the landlord by 30 April 2023.

Despite providing a categorical undertaking to the Court, the tenant vacated the property only on 5 September 2025, nearly two years after the deadline.

Court’s Observations

Justice Sudeepti Sharma stated: “The eventual handing over of possession does not purge the contempt when compliance comes only after years of disregard and only when compelled through contempt petition… Such conduct displays casualness toward the majesty of law and undermines faith in judicial orders.”

The Court emphasized that an undertaking given to the Court is a solemn assurance and must be strictly honoured within time.

Contempt Petition Details

• The contempt petition alleged intentional non-compliance with the High Court’s order of 19 January 2023, in which the tenant had assured to vacate by 30 April 2023.

• On failing to receive possession, the landlord initiated contempt proceedings.

• The tenant admitted during the hearing that possession was delivered only on 5 September 2025.

Legal Principles Applied

For civil contempt, the Court reiterated three essential elements:

1. Existence of a lawful and binding order.

2. Knowledge of the order by the contemnor.

3. Wilful and deliberate disobedience of the order.

The Court held all three elements were clearly met:

• The 19 January 2023 order explicitly required vacation by 30 April 2023.

• The tenant had knowledge of the order via his undertaking.

• Failure to vacate for nearly two years, without justification, demonstrated deliberate defiance.

Reliance on Supreme Court Precedents

The Court cited:

• Ram Kishan v. Tarun Bajaj, (2014) 16 SCC 204, emphasizing that wilful disobedience must be conscious, calculated, and deliberate.

• Rama Narang v. Ramesh Narang, AIR 2021 SC 721, reiterating the principles of intentional default in contempt matters.

Outcome

• Exemplary costs of ₹2,00,000 imposed on the tenant, payable to the landlord within two months.

• Contempt petition and pending applications were disposed of.

Case Title: Kamlesh Rani v. Sanjeev, 2025