A breach of an undertaking given to a court is punishable as contempt of court if the breach is wilful.

1. - This is an application by the landlord decree-holds for contempt under section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as "the Act") for having committed wilful breach the undertaking given by the non-applicant-tenant Smt. Govinder Kaur Rear on 13-3-1930 to hand over vacant possession of shop No. 6 to the applicants on or before the expiry of two months.

2. A few material facts giving rise to the present application may briefly be stated as under.

3. The applicant instituted a suit for ejectment against the no applicant in respect of shop No. 6 and some other premises. The said suit was decreed by the Munsif City, Jodhpur, on 5-2-1972. Thereafter an appeal was preferred. In appeal the plaintiff's suit regarding Shop No. 5 was dismissed and for the rest premises the decree of the trial court was maintained on 28-8-1973 by the Additional District Judge No. 1, Jodhpur. The non-applicant preferred second appeal. In the second appeal preferred by the non-applicant decree for eviction in respect of shop No. 6 was maintained, whereas the decree in aspect of open land was set aside, on 13-3-1980. When the judgment was pronounced the learned counsel for the non-applicant prayed for time to vacate shop No. 6, on which prayer the non-applicant was allowed two months' time to vacate shop No. 6 and the non-applicant gave an undertaking to hand over vacant possession of shop No. 6 to the applicant on or before the expiry of two months. The non-applicant, however, filed special leave petition before the Supreme Court and the Hon'ble Supreme Court on 7-5-1980 stayed the execution of the judgment and decree of this Court ex parte. The Special Leave Petition of the non-applicant was dismissed by the Hon'ble Supreme Court on 6.10.1990. However, in the meanwhile the non-applicant's adult son Shri Richhpal Singh filed a civil suit against the applicant and the non-applicant for Permanent injunction restraining the applicant from executing the decree. In that suit Shri Richhpal Singh submitted an application for grant of temporary injunction on S-10-1980, an undertaking was given by the applicant that he will not execute the decree against the plaintiff Richhpal Singh. The said application for temporary injunction was rejected on 27-10-1980. Richhpal Singh went in appeal against the rejection of his application for grant of temporary injunction, in which an interim order was passed against the applicant restraining him from executing the decree against Shri Richhpal Singh, till the next date, but after that date the order was not repeated. Thereupon, an application for continuance of the orders was moved by Richhpal Singh on 26-11-1980, on which the learned District Judge, Jodhpur, passed an order to continue the stay upto 1-12-1980. According to the applicant. this order was passed in his absence. However, on 1-12-1980 the stay was ordered to be continued till 22-12-1980. The applicant moved this application on 13-10-1980 stating that the non-applicant committed wilful breach of the undertaking given to this Court, so she is liable to be punished or contempt of Court.

4. Shri I. C. Maloo, learned counsel for the applicant, urged the after rejection of the leave petition by the Hon'ble Supreme Court on 6-10-1980, it was obligatory for the non-applicant to comply with the undertaking given by her to the Court to handover vacant possession of shop No.6 Originally, the non-applicant's husband was the tenant in the premises and a suit was instituted against the non-applicant's husband Sardar Attar Singh, but on account of his death that suit had abated. Thereafter a fresh tenancy was created solve in favour of the non-applicant and a second suit was filed against her. In that suit a plea was raised by the non-applicant that after the death of her husband Sardar Attar Singh, the tenancy devolved on the non-applicant as well as her three sons and one daughter, who were all minors. But that plea was negatived by all the