A practicing lawyer, guilty of civil contempt for breaching an undertaking in a landlord-tenant dispute.
Madras High Court Modifies Imprisonment Sentence to Fine in Civil Contempt Case. Practicing Lawyer's Apology and Subsequent Conduct Leads to Amended Punishment in Protracted Landlord-Tenant Dispute
In a significant judgment delivered on September 19, 2025, the Madras High Court modified the punishment awarded to A. Mohandoss, a practicing lawyer, who was earlier found guilty of civil contempt in a protracted landlord-tenant dispute. The appellant had repeatedly breached undertakings and court orders, leading to his conviction for civil contempt by the learned Single Judge. Initially sentenced to four months of simple imprisonment and a fine, the High Court revised the punishment to a fine only, acknowledging Mohandoss’s subsequent conduct and unconditional apology.
The case arose from a souring landlord-tenant relationship between Mohandoss and P. Vikash Kumar, leading to around 40 litigations initiated mostly by the appellant. Despite multiple unsuccessful attempts to challenge eviction proceedings from the Rent Control Court to the Supreme Court, Mohandoss continued to defy court orders. The contempt proceedings were initiated when Mohandoss failed to vacate the premises by the deadline set by previous court orders.
During the pendency of contempt proceedings, Mohandoss submitted multiple affidavits unconditionally apologizing and undertaking to withdraw all litigations and complaints related to the property dispute. He expressed remorse for his actions and assured the court of his intention to cease all further legal proceedings against the respondent and the property involved.
The Division Bench comprising Justices M.S. Ramesh and V. Lakshminarayanan, while recognizing the appellant’s misconduct, noted his subsequent efforts to rectify his actions. The High Court acknowledged his apologies and withdrawal of complaints, including a complaint under the SC/ST (Prevention of Atrocities) Act, 1989, pending before the Supreme Court.
The judgment highlighted the importance of respecting judicial orders and the role of legal professionals in upholding the rule of law. However, considering Mohandoss’s efforts to withdraw from litigation and the unconditional apologies offered, the court deemed it appropriate to modify the punishment to a fine of Rs. 2,000, thereby setting aside the imprisonment sentence.
The court also revoked the direction for disciplinary action against Mohandoss by the Bar Council of Tamil Nadu and Puducherry, affirming other findings and directions from the earlier order. The judgment emphasizes the balance between enforcing judicial orders and acknowledging genuine remorse and corrective actions in contempt proceedings.
Bottom Line:
The court held the appellant, a practicing lawyer, guilty of civil contempt for breaching an undertaking and repeatedly violating court orders in a landlord-tenant dispute. The court modified the punishment of simple imprisonment to a fine, considering the appellant's subsequent conduct and unconditional apology.
Statutory Provision(s): Contempt of Courts Act, 1971
A.Mohandoss v. P.Vikash Kumar, (Madras)(DB) : Law Finder Doc Id # 2781909
