- (1.) THE present appeal of the appellant - tenant is directed against the judgment and decree dtd.6.5.2010 passed by the learned Additional Dist. Judge No.2, Bhilwara in Civil Appeal No.11/2010 � Mahaveer Prasad V/s Smt. Sushila Devi whereby the learned lower appellate Court dismissed the appeal and affirmed the judgment and decree dtd.19.1.2010 passed by the learned Civil Judge (S.D.), Bhilwara in Civil Suit No.183/2002 � Smt. Sushila Devi V/s Mahaveer Prasad whereby the learned trial Court decreed the suit for eviction of rent and recovery of arrears of rent.
(2.) THE learned counsel for the appellant � tenant Mr. Ramesh Purohit submitted that reasonable time for eviction and handing over vacant and peaceful possession of the suit premises may be given and reasonable mesne profit may be fixed. This appeal is disposed of as not pressed in view of undertaking of defendant-tenant to hand over the peaceful & vacant possession of the suit premises to the plaintiff � respondent on or before 31.10.2012 with conditions given below. The appellant agrees to disposal of this second appeal on the following terms and conditions:- (i) The appellant-tenant undertakes to hand-over the vacant and peaceful possession of the suit premises, in dispute to the respondent on or before 31.10.2012. The respondent shall not execute the impugned decree till 31.10.2012. (ii) The appellant-tenant undertakes to pay or deposit the mesne profit at the rate of Rs.500/- per month w.e.f. August, 2012 and will further continue to pay the mesne profit each month by 15th day of the next succeeding month or in advance to the respondents. The arrears of mesne profit as determined by the court below, if not already paid, shall also be paid paid by the defendant- appellant and entire amount including the amount already deposited on this account will be disbursed to the plaintiff-landlord. (iii) The appellant further undertakes that he shall not sub- let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period and if he does so the same will be treated as void. (iv) The appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 14th of August, 2012 and one copy thereof along with affidavit in this Court. (v) Learned counsel for respondent-landlord will give the details of his bank account number in which the arrears of rent or mesne profit and regular mesne profit now be paid, will be deposited, within the period of four weeks from today. It is made clear that in case, the appellant-tenant do not comply with any of the aforesaid conditions, then it will be open for the respondent- landlord to get the decree passed in his favour executed even before the aforesaid date i.e. 31.10.2012 and the plaintiff-landlord may also initiate contempt proceedings in this Court. With the aforesaid terms, conditions and directions, the present second appeal is accordingly dismissed as not pressed. No costs. ;