S.L.JAIN - (1.) THE defendant-appellant has filed this second appeal aggrieved by the judgment and decree of eviction suit by the first appellate court of Additional District Judge, Nimbahera in Civil Appeal No.28/2009 � Jamil Khan vs. LRs of Bharat Kumar dated 20.07.2012 affirming the judgment and decree of trial court of learned Civil Judge (Sr. Division), Nimbahera decreeing the eviction suit No.127/05 (57/99) � Bharat Kumar & ors. vs. Jamil Khan on 28.10.2009 in respect of suit premises � a residential house situated at outside Ranikheda Darwaja, Nimbahera.
(2.) THIS appeal is dismissed as not pressed in view of undertaking of defendant-appellant to hand over the peaceful & vacant possession of the suit premises to the plaintiff on or before 31.12.2013 with conditions given herein below. The appellant-defendant is agreed to dispose of this second appeal on the following terms and conditions:- (i) The appellant undertakes to hand- over the vacant and peaceful possession of the suit premises, in dispute to the respondent on or before 31.12.2013. The respondents shall not execute the impugned decree till 31.12.2013. (ii) The appellant undertakes to pay or deposit the mesne profits at the rate of Rs.500/- per month w.e.f. September, 2012 and will further continue to pay the mesne profits each month by 15th day of the next succeeding month or in advance to the respondents. (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. (iv) The appellant shall furnish a written undertaking incorporating the aforesaid conditions in the Lower Court by 15th October, 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 profits, if any, will be deposited, within the period of four weeks from today. It is made clear that in case, the appellant- tenant does not comply with any of the aforesaid conditions, then it will be open for the respondent-landlord to get decree passed in his favour executed even before the aforesaid date and to initiate contempt proceedings in this Court. With the aforesaid terms, conditions and directions, the appeal is accordingly dismissed as not pressed. Copy of this order be sent to both the parties and both the courts below forthwith.;