Case: Satyabrata Biswas Vs. Kalyan Kumar Kisku

A. K. Ghosh was a tenant is itself in dispute. 22. Secondly, whether A. K. Ghosh had a right to create a sub-tenancy is again in dispute. 23. Thirdly, more than above all this, when the right of sub-tenancy was sought to be founded on an agreement dated 10th May, 1993, it should have occurred to the learned Single Judge that such a creation of sub-tenancy was clearly violative of the order of status quo passed as early as 15th of September, 1988. It is extremely unfortunate that the learned Judge had not even cared to bestow thought and entertained an oral application at the instance of a person who had nothing to do till then with the application for contempt. He had not even taken out an application to implead himself as a party. If mere oral mention could be enough to direct a Special Officer to remove the padlock, one has to put aside the law of procedure altogether and render justice as the court conceives, conferring benedictions on parties who cannot have any legal basis to found their claim. 24. Still worse was to follow. When the appellants before us complained of this direction by the learned Single Judge to remove the padlock, the Division Bench followed a novel procedure. We have already extracted its finding in relation to the validity of sub-tenancy. Having held in no uncertain terms whether or not the Somani Builders is lawfully a sub-tenant, cannot be decided in the proceeding, it should have thrown out the plea of Somani Builders. Why then the Joint Receivers were directed to allow Somani Builders to occupy the premises for the purpose of carrying on business passes our comprehension ? The status quo is not a status quo as on the date of inventory but the status quo as of 15.9.88. The order of that date states unequivocally ``status quo as of today. That could only mean 15th September, 88 and there cannot be the state of affairs after five years of that order. 25. In Whartons Law Lexicon 14th Edition at page 951 Status Quo has been defined as meaning : ``The existing state of things at any given date ; e.g., Status quo ante bellum, the state of things before the war. 26. According to Blacks Law Dictionary 6th Edition the relevant passage occurs :- ``The existing state of things at any given date. Status quo ante bellum, the state of things before the law. ``Status quo to be preserved by a preliminary injunction is the last actual, peaceable, uncontested status which preceded the pending controversy. 27. This Court in Bharat Coking Coal Ltd. v. State of Bihar, (supra) stated thus : ``According to the ordinarily legal connotation, the term `status quo implies the existing state of things at any given point of time. 28. When the removal of padlock was complained of in the appeal filed by the appellants herein, strangely delivery of possession was ordered. The said order clearly betrays lack of understanding as to the scope or contempt jurisdiction and proceeds upon a total misappreciation of the facts. We are obliged to remark that both the learned Single Judge as well as the Division Bench had not kept themselves within the precincts of contempt jurisdiction. Instead peculiar orders have come to be passed totally alien to the issue and disregardful of the facts. The orders of the learned Single Judge and that of the Division Bench cannot stand even a moments scrutiny. Therefore, it is idle to contend that no interference is warranted under Article 136. 29. Apart from the fact whether A. K. Ghosh had a legal authority to sub- lease or not it was not open to him to grant a sub-lease in violation of the order. It is no use contending as Mr. Chidambaram, learned counsel for the respondents does, that there was a bar to such a sub-lease under the terms of the status quo order. It has the effect of violating the preservation of status of the property. This will all the more be so when this was done without the leave of the court to disturb the state of things as they then stood. It would amount to violation of the order. The principle contained in the maxim : `Actus Curiae Neminem Gravabit has no application at all to the facts of this case when in violation of status quo order a sub- tenancy has been created. Equally, the contention that even a trespasser cannot be evicted without recourse to law is without merit, because the state of affairs in relation to property as on 15.9.1988 is what the Court is concerned with. Such an order cannot be circumvented by parties with inpunity and expect the court to confer its blessings. It does not matter that to the contempt proceedings Somani Builders was not a party. It cannot gain an advantage in derogation of the rights of the parties, who were litigating originally. If the right of sub-tenancy is recognised, how is status quo as of 15.9.1988 maintained ? Hence, the grant of sub-lease is contrary to the order of status quo. Any act done in the teeth of the order of status quo is clearly illegal. All actions including the grant of sub- lease are clearly illegal. 30. We hereby set aside the order of the Division Bench dated 5.10.1993 and the orders of the learned Single Judge dated 20.7.1993 (except that part relating to appointment of Special Officer, 4.8.93, 6.8.93, 11.8.93, 16.8.1993 and 20.8.1993 as well). 31. The parties are relegated to the position as on 15.9.1988. Somani Builders are hereby directed to deliver vacant possession to the Special Officer within one month from today. The learned Single Judge is directed to dispose of the application for contempt in its proper perspective confining himself to contempt jurisdiction. The Special Officer shall continue to be in possession till the disposal of contempt proceedings. This direction becomes necessary in view of the scramble for possession.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]14. First of all, he had no authority to grant a tenancy. Even otherwise, since status quo order had been passed by the Court on 15th September, 1988 the creation ofunder the agreement dated 10.5.93 would not confer Somani Builders with any right whatever. In contempt jurisdiction an utter stranger to the proceedings cannot be put in possession, while the sole question was whether the parties had violated the order dated 15th September, 1988. Therefore, the order is liable to be set aside.Apart from the fact whether A. K. Ghosh had a legal authority to sublease or not it was not open to him to grant ain violation of the order. It is no use contending as Mr. Chidambaram, learned counsel for the respondents does, that there was a bar to such aunder the terms of the status quo order. It has the effect of violating the preservation of status of the property. This will all the more be so when this was done without the leave of the court to disturb the state of things as they then stood. It would amount to violation of the order. The principle contained in the maxim : `Actus Curiae Neminem Gravabit has no application at all to the facts of this case when in violation of status quo order a subtenancy has been created. Equally, the contention that even a trespasser cannot be evicted without recourse to law is without merit, because the state of affairs in relation to property as on 15.9.1988 is what the Court is concerned with. Such an order cannot be circumvented by parties with inpunity and expect the court to confer its blessings. It does not matter that to the contempt proceedings Somani Builders was not a party. It cannot gain an advantage in derogation of the rights of the parties, who were litigating originally. If the right ofis recognised, how is status quo as of 15.9.1988 maintained ? Hence, the grant ofis contrary to the order of status quo. Any act done in the teeth of the order of status quo is clearly illegal. All actions including the grant of sublease are clearly illegal. 30. We hereby set aside the order of the Division Bench dated 5.10.1993 and the orders of the learned Single Judge dated 20.7.1993 (except that part relating to appointment of Special Officer, 4.8.93, 6.8.93, 11.8.93, 16.8.1993 and 20.8.1993 as well). 31. The parties are relegated to the position as on 15.9.1988. Somani Builders are hereby directed to deliver vacant possession to the Special Officer within one month from today. The learned Single Judge is directed to dispose of the application for contempt in its proper perspective confining himself to contempt jurisdiction. The Special Officer shall continue to be in possession till the disposal of contempt proceedings. This direction becomes necessary in view of the scramble for possession.