( 1 ) THIS is a Rule obtained by the petitioner calling upon the opposite party to show cause why he should not be committed for contempt of this Court as a result of a breach of an undertaking given by him to this Court whereby he undertook to the court to vacate the premises on or before 2-1-1952.

( 2 ) THE Rule was issued on the 18-2-1952 on an application filed by the petitioner stating; that there has been a breach of the undertaking and praying to the Court for taking proceedings in contempt against the opposite party.

( 3 ) THE above Rule was served on the opposite party who has appeared in court and has shown cause. In the affidavit in opposition filed by him he has detailed the reasons why he could not vacate the premises on or before 2-1-1952. Mr. Mukherjee who has appeared on his behalf has raised certain legal objections why this Court should not exercise its powers for committing the opposite party for contempt of this Court.

( 4 ) THE facts which are relevant for the present purpose may be stated as follows: The petitioner was the landlord in respect of certain premises being the upper flat of 98a Bakul Bagan Road, Bhowanipore, Calcutta. On an allegation t