- (1.) The appellant -defendant has preferred this second appeal aggrieved by the impugned judgment and decree dated 07.05.2015 passed by Additional District Judge NO.2, Bikaner (Camp Shri Dungargarh) in Civil Appeal (Decree) No.3/2012, dismissing the appellant's appeal and affirming the judgment and decree dated 11.01.2012 passed by Civil Judge (Jr.Division), Shri Dungargarh, District Bikaner in Civil Original Suit No.10/2005, whereby the suit filed by the respondent - plaintiff for eviction and recovery of rent against the appellant -defendant was decreed. eviction and recovery of rent in connection with the suit shop at Rani Bazaar of Shri Dungargarh, which was let out to the appellant -defendant at a monthly rent of Rs200/ -. The eviction was sought on account of default in payment of monthly rent. The tenancy was terminated by the respondent - plaintiff by sending registered notice dated 22.01.2005 for terminating the tenancy and for arrears of rent. However, defendant did not handover the vacant possession as such the plaintiff filed the suit for eviction and recovery of rent.
(2.) Learned counsel for the appellant - defendant upon instructions submits that the appellant -defendant is not pressing the appeal on merits and craving that a reasonable time may be granted to him to handover the vacant and peaceful possession of the suit shop.
(3.) Accordingly, the present second appeal of the appellant -defendant is dismissed as not pressed on merits with a direction to the appellant -defendant to submit an undertaking to the effect that he will hand over the peaceful and vacant possession of the suit premises to the respondent -landlord on or before 31.05.2016 with the following conditions: (i) The appellant -defendant shall submit an undertaking and shall hand -over the vacant and peaceful possession of the suit shop in dispute to the respondent -plaintiff on or before 31.05.2016 and shall not cause any damage to the rent property and shall maintain the same as it is. The respondent -plaintiff shall not execute the impugned decree till 31.05.2016. (ii) The appellant -defendant shall pay the mesne profit of Rs.2000/ - per month from 01.12.2015 and shall further continue to pay mesne profit every month by 15th day of the next succeeding month or in advance to the respondent uptil vacant possession is handed over to the respondent -landlord. The arrears of rent and mesne profit as determined by the courts below, if not already paid, shall also be paid by the appellant within a period of three months from today and entire amount including the amount already deposited on this account will be disbursed to the respondent - plaintiff. (iii) The appellant -defendant shall further undertakes that he will 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 they do so, the same will be treated as void. (iv) The appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial court by 19th December, 2015 and one copy thereof along with affidavit in this Court. (v) The respondent -plaintiff will give the details of his bank account number in which the arrears of rent or mesne profit and regular mesne profit now to be paid, will be deposited within a period of three months from today. (vi) 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 forthwith even before the aforesaid date i.e. 31.05.2016 and the respondent -plaintiff may also initiate contempt proceedings in this Court against the appellant - defendant. ;