- (1.) THE present appeal of the appellant - tenant is directed against the judgment and decree dtd.14.8.1992 passed by the learned Additional Chief Judicial Magistrate No.4, Jodhpur in Civil Appeal No.21/1990 � Nazir Mohd. V/s Mst. Kariman whereby the learned lower appellate Court dismissed the appeal and affirmed the judgment and decree dtd.9.11.1987 passed by the learned Additional Munsif Magistrate No.1, Jodhpur in Civil Suit No.106/1982 (508/1974) � Kariman V/s Najir Mohd. whereby the learned trial Court decreed the suit for eviction in respect of suit premises viz.shops No.2 and 3 situated near Stadium Cinema, Jodhpur.
(2.) 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 on or before 31.12.2013 with conditions given below. The appellant agrees to disposal 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 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. (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 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 or rent or mesne profit, if any, will be deposited, within the period of four weeks from today. (vi) The appellant � defendant shall not contest or raise any objection or file any application or objection against the handing over of peaceful and vacant possession of the suit premises in question in this Court or any Court subordinate to this Court. 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. No order as to costs.;