JUDGMENT - SAWANT P.B., J.: - A point of considerable general importance is raised in this contempt petition viz whether a party to a proceeding which is void ab initio can be said to commit a contempt of Court for not compying with

an undertaking given in such proceeding.

2. The facts leading to the present contempt petition are as follows:-

The petitioners are the trustees of a public charitable trust known as Kuverbai Dayal Bhimji Sanatorium Trust. They run a sanatorium situate al Kamla Nehru Cross Road, Kandivli West, Bombay-69. The sanatorium has several blocks and those blocks are given to the members of the Hindu Community for a period of two to three months on health grounds on a nominal charge. Some time in the month of December 1976, the first respondent(hereinafter referred to as the respondent) approached the petitioners for allowing him to use one of the blocks on the ground of health for a temporary period. Accordingly the respondent was allowed to use Block No. 2 on the ground floor of the said sanatorium(hereinafter referred to as the suit premises) for a period of two months from 1-]-1977 to 28-2-1977 on monthly charges .of Rs. 200. It may be mentioned that the Suit p

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