C.R. No.168/2008 17.9.2009 Present: Mr. Ajay Sharma, Advocate, for the petitioner. Mr. Ramakant Sharma, Advocate, for respondent No.1 CMP(M) No.878/2008 For the reasons set out in the application, which is duly supported by an affidavit, the delay of 59 days in filing the revision petition has been sufficiently explained and is accordingly condoned. The application stands disposed of. C.R. No.168/2008 It is stated that the parties have arrived at an out of Court settlement and under instructions from their respective clients, the learned counsel have agreed to make the following statement: The petitioner acknowledges respondent No.1 as the Landlord and does not press the present petition. The orders of eviction passed by the Court below have been accepted by the petitioner-tenant, however, as agreed upon by the landlord, the petitioner undertakes to hand over the vacant and peaceful possession of the suit premises to the landlord on or before 30.6.2011. He further undertakes to clear the arrears upto 31.8.2009 within a period of two months from today. With effect from 1.9.2009, he shall continue to pay the same on monthly basis as use and occupation charges till the time the possession of the premises is retained by him. The said amount shall be paid on or before 7th of each succeeding month. The amount shall be directly deposited by the petitioner in the bank account, particulars of which shall be supplied by the learned counsel for respondent No.1 to the learned counsel for the petitioner. The petitioner further undertakes not to damage the suit premises or create third party rights. The petitioner understands the consequences of breach of undertaking furnished to this Court. The petitioner shall file his undertaking in the shape of his personal affidavit within a period of four weeks from today. In the event of any breach of undertaking, not only the petitioner shall be entitled for consequences in law, but the respondent-landlord shall also be entitled to have the order of eviction executed immediately. The undertaking furnished by the petitioner is taken on record and the present petition is dismissed as not pressed with the aforesaid observations. CMP NO.778/2008 & CMP No.782/2008 Infructuous. ( Sanjay Karol ), Judge. September 17, 2009 (rana)