Narendra Kumar Jain, J. - (1.) LEARNED Counsel for Petitioners, on instruction of Petitioner No. 1 Shambhu Dayal Soni, who is present in person in the Court, does not press this writ petition on merits and prays for grant of time to hand over vacant and peaceful possession of the rented premise to Respondent/landlord.
(2.) LEARNED Counsel for Respondents has no objection in granting time. Both the parties have agreed to the following terms and conditions: (i) Petitioners/tenants undertake to hand over vacant and peaceful possession of the rented premise in dispute to Respondent/landlord on or before 31.10.2012. Respondent shall not execute the impugned decree of eviction till 31.10.2012. (ii) Petitioners/tenants 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 Respondent/landlord till the actual date of delivery of possession of the rented premise. (iii) Petitioners/tenants 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) Petitioners/tenants shall furnish a written undertaking incorporating the aforesaid conditions in the Rent Tribunal or before this Court within a period of one month from today with an advance copy to the Respondent/landlord or his Counsel. (v) If Petitioners/tenants 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 Respondent/landlord to get the decree of eviction passed in his favour executed even before the aforesaid date and to initiate contempt proceedings in this Court.
(3.) WITH the aforesaid terms, conditions and directions, the writ petition is dismissed as not pressed.;