- (1.) THE present First Appeal under Section 96 of Civil Procedure Code has been filed by the appellant � defendant -tenant against the judgment and decree dated 24.04.2010 passed by learned court below of Distric Judge, Sirohi in Civil Original Suit No.16/2008 � Ramesh Chand and another vs. Mohammed Khan for eviction and arrears of rent with respect to the suit property in question a shop situated in village Mandar, district Sirohi.
(2.) THIS appeal is dismissed as not pressed on merits in view of undertaking of defendant-appellant-tenant to hand over the peaceful & vacant possession of the suit premises to the plaintiff on or before 31.07.2013 with conditions given herein below. Both the parties agree for disposal of this first 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 respondents on or before 31.08.2013. The respondents shall not execute the impugned decree till 01.09.2013. (ii) The appellant undertakes to pay or deposit the mesne profit at the rate of Rs.1,500/- per month w.e.f. May, 2010 i.e. the date of impugned decree being 24.04.2010 and will further continue to pay the mesne profit each 15th month by day of the next succeeding month or in advance to the respondent-plaintiff. (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 September, 2012 and one copy thereof along with affidavit in this Court. (v) Learned counsel for respondent- plaintiff 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- defendant does not comply with any of the aforesaid conditions, then it will be open for the respondent-plaintiff to get the decree passed in his favour executed even before the aforesaid date and to initiate contempt proceedings in this Court.;