1 S. B. Civil Regular Second Appeal No. 182/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR JUDGMENT S. B. CIVIL REGULAR SECOND APPEAL NO. 182/2009 Hasan Ali & Others Versus Smt. Premlata Tholia & Others. DATE OF JUDGMENT: 26-11-2010 P R E S E N T Hon'ble Mr. Narendra Kumar Jain,J. Mr. Z.A. Naqvi, for the appellants. Mr. Farhat Ali, Appellant No. 1/3 present in person. Mr. N.K. Maloo, for the respondents. Mr. Harak Chand Jain, Respondent No. 2 present in person. BY THE COURT: Heard learned counsel for the parties. 2. Defendants-appellants have preferred this second appeal in a suit for eviction of rented premises instituted by plantiffs- respondents, which has been decreed by both the courts below on the ground of personal necessity of the plaintiffs. 3. Learned counsel for the appellants does not press the appeal on merits and prays for grant of time to hand over vacant and peaceful 2 S. B. Civil Regular Second Appeal No. 182/2009 possession of the rented premises to the plaintiffs-respondents. 4. Learned counsel for the respondents has no objection in granting time to the appellants. 5. Both the parties have agreed to dispose off the present second appeal on the following terms and conditions: 1. The defendants-appellants undertake to hand over vacant and peaceful possession of the rented premises in dispute to the plaintiffs-respondents on or before 31.05.2012. The plaintiffs- respondents shall not execute the impugned decree of eviction till 31.05.2012. 2. Defendants-appellants undertake to pay or deposit all the arrears of rent/mesne profit due till now as per directions of the courts below within a period of two months from today and will continue to pay or deposit the future mesne profit @ Rs. 700/- per month by 15th day of each succeeding month or in advance to the plaintiffs-respondents till the date of actual delivery of the possession. 3. Plaintiffs-respondents shall furnish details of bank account to the defendants-appellants within two weeks from today. If details of bank account are not furnished, then it will be open for the appellants-defendants to deposit the amount in the trial court. 4. Defendants-appellants further undertake that they will not sub- let, assign or part with the possession of the rented premises or any part thereof in favour of 3 S. B. Civil Regular Second Appeal No. 182/2009 anyone else and would not create any third party interest in the same during the aforesaid period. 5. Defendants-Appellants shall furnish a written undertaking incorporating the aforesaid conditions in the trial court or executing court or before this Court with an advance copy to the learned counsel for the respondents within a period of one month from today. 6. If the appellants do not comply with any of the aforesaid terms and conditions and/or fail to make payment of arrears of rent/ mesne profit or future rent/mesne profit, as directed above for consecutive three months, then it will be open for the respondents to get the decree of eviction passed in their 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.73.