Civil contempt for wilful non-payment of occupation charges upheld; imprisonment and fine imposed subject to purge opportunity.

The SC held that repeated failure to pay use and occupation charges and arrears, despite account details and further opportunities, amounted to deliberate and intentional non-compliance of the court's order. The respondent's continued possession of the property, combined with the attempt to secure interim benefit while not honouring payment directions, led the Court to reject the plea of financial incapacity. On these facts, the conduct was found to constitute civil contempt under the Contempt of Courts Act, 1971, and punishment of simple imprisonment for three months with fine was imposed, subject to a further opportunity to purge the contempt by complying with the earlier payment order within the stipulated time.

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Issues: Whether the respondent committed civil contempt by wilfully disobeying the Court's order directing payment of use and occupation charges and arrears, and whether punishment was warranted.

Analysis: The Court found that the respondent had repeatedly defaulted in making payments, continued to retain possession of the property, and did not comply with the direction to pay monthly charges and arrears despite being given account details and further opportunities. The respondent's plea of financial incapacity was rejected in view of the surrounding conduct, including the attempt to secure interim benefit while not honouring the payment directions. The Court held that the conduct amounted to deliberate and intentional non-compliance, constituting civil contempt under the Contempt of Courts Act, 1971.

Conclusion: The respondent was held guilty of civil contempt and punishment of simple imprisonment for three months with fine was imposed, with a further opportunity to purge the contempt by complying with the earlier payment order within the stipulated time.

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