Pratap Krishna Lohra, J. - (1.) THE present petition of the petitioner -tenant is directed against the judgment dt. 28.2.2013 passed by the learned Appellate Rent Tribunal, Bikaner in Rent Appeal No. 139 of 2007 -Indra Singh vs. Kanchan Rani, whereby the learned Appellate Rent Tribunal affirmed the order dt. 18.7.2007 passed by learned Rent Tribunal, Bikaner in Rent Case No. 64 of 2004 -Smt. Kanchan Rani vs. Indra Singh, directing eviction of the petitioner -tenant from the rented premises in question. The learned counsel for the petitioner -tenant, Mr. D.D. Chitlangi, does not press the writ petition, however, submits that reasonable time for eviction and handing over peaceful vacant possession of the suit premises may be given and appropriate mesne profit may be fixed.
(2.) THE learned counsels for the parties agree for the disposal of the writ petition on the following terms and conditions: - - (i) That the petitioner -tenant, undertakes to handover the vacant and peaceful possession of the suit premises in dispute to the respondent landlord on or before 30.06.2014. The respondent shall not execute the impugned decree till 30.6.2014 (ii) The petitioner -tenant undertakes to pay or deposit the mesne profit at -the rate of Rs. 2000/ - per months w.e.f. June 2013 and will continue to pay the mesne profit each month by 15th day of the next succeeding month, or in advance to the respondent -landlady. The arrears of mesne profit as determined by the Court below, if not already paid, shall also be paid by the petitioner -tenant and entire amount including the amount already deposited on this account will be disbursed to the respondent -landlady. (iii) The petitioner 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 anyone 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 petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 15.07.2013 and one copy thereof along with affidavit in this Court. (v) Learned counsel for respondent -landlady will give the details of his bank account number in which the arrears of rent of mesne profit and regular mesne profit now be paid, will be deposited, within a period of four weeks from today. The writ petition is disposed of as not pressed in view of the undertaking of the defendant -tenant to handover peaceful and vacant possession of the suit premises to the plaintiff -respondent on or before 30.06.2014 with the aforementioned conditions.
(3.) IT is made clear that in case the petitioner -tenant does not comply with any of the aforesaid conditions, then it will be open for the respondent -landlady to get the decree passed in her favour executed even before the aforesaid date i.e. 30.06.2014 and the plaintiff -landlady may also initiate contempt proceedings in this Court.;