- (1.) 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 shop, situated at Railway Station, Phalodi, District Jodhpur to the plaintiff-respondent on or before 18/07/2013 with conditions given below.
(2.) THE learned lower appellate court below (Additional District Judge, Phalodi, District Jodhpur) vide the judgment and decree dated 12.07.2011 dismissed the appeal being Civil Appeal No.06/2008- Deen Dayal Vs. Smt. Kiran, preferred by the appellant-defendant and affirmed the judgment and decree dated 04.07.2008 passed by learned Civil Judge (Sr. Division), Phalodi in Civil Original Suit No.29/2005 ­ Smt. Kiran Vs. Deen Dayal), whereby the learned trial court while allowing the suit filed by the plaintiff-respondent, has ordered for eviction of the defendant-appellant from the suit shop in question. 2. Both the parties agree to dispose 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 18.07.2013. The respondent shall not execute the impugned decree till 18.07.2013. (ii) The appellant undertakes to pay or deposit the mesne profit at the rate of Rs.500/- per month w.e.f. July, 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 appellant-tenant shall also pay the arrears of rent, if any. (iii) The appellants further undertake that they 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 appellants shall furnish a written undertaking incorporating the aforesaid conditions in the Lower Court by 31st July, 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, if any, will be deposited, within the period of four weeks from today.
(3.) 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 her favour executed even before the aforesaid date and she may also initiate contempt proceedings in this Court.;