IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CACP No.9 of 2009 (O&M) Date of decision: 17.9.2009 Anil Kumar. -----Appellant Vs. Smt. Gurmeet Kaur and another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Ramesh Kumar, Advocate for the appellant. ----- ORDER: 1. This appeal has been preferred against order passed by learned Single Judge recording undertaking of the appellant to vacate the premises. 2. The respondent-landlords filed eviction petition under the East Punjab Urban Rent Restriction Act, 1949 on the ground of bonafide need. The Rent Controller passed order of eviction which was affirmed in appeal. Revision petition was dismissed by this Court. However, four months time was given to vacate the premises. The appellant failed to vacate the premises inspite of having lost in all counts. 3. The respondents filed a contempt petition. The appellant appeared and gave an undertaking to vacate the CACP No.9 of 2009 premises by June 30, 2009 and to pay all its dues. The time so granted was extended upto 30.8.2009. The appellant did not vacate the premises. 4. The respondents filed an application for revival of the contempt petition on which the impugned order was passed recording undertaking of the appellant to vacate the premises by 10.00 A.M. on 18.9.2009. 5. Submission made on behalf of the appellant is that the appellant had a triable case, as according to the appellant there was a fresh tenancy and the landlords had accepted cheque for higher rent and encashed the same. He wanted to file reply but learned Single Judge did not accept the same and recorded undertaking which was not intended to be given. 6. We are unable to accept the submission made. As per the impugned order, the appellant gave an undertaking. If it is the contention of the appellant that undertaking was never given and the order of learned Single Judge does not correctly record the proceedings, such a question cannot be gone into in this appeal. 7. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE September 17, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 2