J.B. Garg, J.@mdashHarbaksh Singh Saini, the Landlord, has moved the present petition, u/s 12 of the Contempt of Courts Act, 1971, praying that Harbhajan Singh is a kind of tres-passer and, therefore, had given an undertaking in the Court of District Judge, Chandigarh on 9 31991 that he shall vacate the portion of the premises in his possession by 15-9 J 991 but still he has not vacated the premises and, therefore, he should be proceeded against and punished under the Contempt of Courts Act
2. A perusal of the record shows that in the proceedings before the District Judge, Chandigarh on 9 3-1991, Harbaksh Singh Saini, the landlord, was not a party. The aforesaid dispute was between Harbhajan Singh the present respondent on one hand and the Estate Officer on the other, u/s 19 of the Public Premises Act, 1971. The Estate Officer, Chandigarh, has not come to this Court to seek any redress under the Contempt of Courts Act.
3. On behalf of Harbhajan Singh respondent, it has been pointed out that he had instituted a suit for permanent injunction against Harbaksh Singh, the landlord and he possessed an order of temporary injunction which has also been affirmed by means of a speaking order on 3-10-199'' by Sub Judge 2nd Class, Chandigarh. Here, Harbhajam Singh, the present respondent, possess an order of temporary injunction as seen above and there is no good ground to proceed against this respondent in the present proceedings.
4. The learned counsel for the respondent has referred to Shri Ram Nath Kapoor of Chandigarh v. Chottu Ram 1991 H. R. R. 180 where the question had arisen as to whom the undertaking was given. In the present case the undertaking on 9-3-1991 to vacate the premises within six months was given vis-a-vis the Estate Officer and not to the present petitioner who is the landlord of the premises and the respondent! alleges that he had been a tenant in a portion of the building. The conclusion is that the rule issued by this Court is discharged and the present petition stands disposed of. It is, however, observed that the civil suit for permanent injunction instituted by Harbhajan Singh and pending in the Court of learned Sub Judge, Chandigarh, since 31/1/1991, be disposed of within six months.
