- (1.) Learned counsel for the appellant on the instructions of the appellant does not press the present appeal on merits and prays for grant of time to hand over vacant and peaceful possession of the rented premises to the plaintiff-Respondent No. 1. Learned counsel for the Respondent No. 1-plaintiff on the instructions of the Respondent No. 1 has no objection in granting time to the appellant to vacate the premises, but he prays that some amount of mesne profit may be increased till property is vacated.
(2.) Both the parties have agreed to dispose off present second appeal on the following terms and conditions: 1 Defendant-appellant undertakes to hand over vacant and peaceful possession of the rented premises to the plaintiff-Respondent No. 1 on or before 31st October, 2012. The plaintiff-Respondent No. 1 shall not execute the impugned decree of eviction/dispossession till 31st October, 2012. 2 Defendant-appellant undertakes to pay or deposit the arrears of rent/mesne profit due till now as per directions of the trial court within a period of two months and will further continue to pay or deposit the future mesne profit by 15th day of each succeeding month or in advance @ Rs. 3,00/- per month with effect from 01st January, 2011 to plaintiff-Respondent No. 1 till date of actual delivery of possession. 3 Plaintiff-Respondent No. 1 shall furnish details of his bank account to the appellant within a period of 15 days failing which, it will be open for the appellant to deposit the amount of rent in the trial court. 4 Defendant-appellant further undertakes that he will not sublet, assign or part with the possession of the rented premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period. 5 Defendant-appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial court or before this Court with an advance copy to the learned counsel for the respondents within a period of one month from today. 6 If the appellant does not comply with any of the aforesaid terms and conditions and/or fails to make payment of arrears of rent as directed above or fails to make payment of future rent/mesne profit as directed above for succeeding three months then it will be open for the plaintiff-Respondent No. 1 to get the decree of eviction/dispossession passed in his favour executed even before the aforesaid date and to initiate contempt proceedings in this Court.
(3.) With the aforesaid terms and conditions and directions, second appeal is dismissed as not pressed.;