1 S.B. Civil Second Appeal No. 386/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR JUDGMENT S.B.CIVIL SECOND APPEAL NO.386/2010 Subhash Agrawal Vs. Smt. Rama Devi. DATE OF JUDGMENT: 10.11.2010 P R E S E N T Hon'ble Mr. Narendra Kumar Jain,J. Mr. J.P. Goyal, for the appellant. Mr. Subhash Agrawal, appellant present in person. Mr. Laxmikant on behalf of Mr. R.K. Daga, for the respondent. Mr. Krishna Kumar Gupta S/o. Smt. Rama Devi respondent, present in person. BY THE COURT: Heard learned counsel for the parties. 2. This is defendant's second appeal in a suit for eviction filed by plaintiff-respondent, which has been decreed by both the courts below. 3. Learned counsel for the appellant on the instructions of appellant, who is present in person in Court, does not press the appeal on merits and submits that defendant-appellant may be granted reasonable time to hand over vacant and peaceful possession of the rented premises to the plaintiff-respondent. 4. Learned counsel for the respondent has no objection in granting the time to the appellant. 2 S.B. Civil Second Appeal No. 386/2010 5. Both the parties have agreed to dispose off the present second appeal on the following terms and conditions: 1. The defendant-appellant undertakes to hand over vacant and peaceful possession of the rented premises in dispute to the plaintiff-respondent on or before 31st December, 2011. The plaintiff- respondent shall not execute the impugned decree of eviction passed in her favour till 31st December, 2011. 2.Defendant-appellant undertakes to pay or deposit the entire arrears of mesne profit/rent due till now, if any, within a period of one month from today and will further deposit the future mesne profit/rent @ Rs. 1,000/-(Rupees One Thousand Only) per month with effect from 01.11.2010 by 15th day of each succeeding month or in advance to the plaintiff-respondent till date of actual possession. 3.Defendant-appellant further undertakes that he will not sub- let, assign or part with the possession of the rented 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. 4. Defendant-Appellant shall furnish a written undertaking incorporating the aforesaid conditions in the executing court or before this Court with an advance copy to the learned counsel for the respondent within a period of one month from today. 5. If the appellant does not comply with any of the aforesaid terms and conditions and/or fails to make payment of arrears of rent/mesne profit as directed above within a period of one month or fails to pay the future mesne profit as directed above for 3 S.B. Civil Second Appeal No. 386/2010 consecutive three months, then it will be open for the respondent to get the decree of eviction passed in her favour executed even before the aforesaid date and to initiate contempt proceedings in this Court. 6. With the aforesaid terms and conditions and directions, second appeal is dismissed as not pressed. (Narendra Kumar Jain),J. Manoj, Item No. S.3.