Narendra Kumar Jain, J. - (1.) LEARNED Counsel for Appellants, on instruction of Appellant No. 2 Chandan, who is present in person in the Court, does not press this second appeal on merits and prays for reasonable time to hand over vacant and peaceful possession of the rented premises to Plaintiffs -Respondents.
(2.) BOTH the parties have agreed to the following terms and conditions: (i) Defendants -Appellants undertake to hand over vacant and peaceful possession of the rented premise in dispute to Plaintiffs -Respondents on or before 4.5.2012. Respondents shall not execute the impugned decree of eviction till 4.5.2012. (ii) Appellants undertake to pay or deposit the arrears of rent, if any, within a period of two months from today and will continue to pay or deposit future mesne profit by 15th day of each succeeding month or in advance to Respondents till the actual date of delivery of possession of the rented premise. (iii) Appellants further undertake that they will not sub -let, assign or part with the possession of the rented premise or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period. (iv) Appellants shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court or before this Court within a period of one month from today with an advance copy to the learned Counsel for Respondents. (v) If Appellants do not comply with any of the above terms and conditions and/or fail to make the payment of arrears of rent/ mesne profit within two months or future mesne profit/rent for consecutive three months, then it will be open for Respondents to get the decree of eviction passed in its favour executed even before the aforesaid date and to initiate contempt proceedings in this Court. With the aforesaid terms, conditions and directions, the second appeal is dismissed as not pressed.
(3.) SINCE time to vacate premise has been granted without issuing notice to Respondents so as to avoid further delay in the matter and to save the expenses of the Respondents, therefore, a liberty is granted to Respondents to move an application for modification/recalling of this order, if they feel so aggrieved by it.;