1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR JUDGMENT S.B.CIVIL SECOND APPEAL NO.223/2010 Ikram vs. Ibrahim & ors. DATE OF JUDGMENT: 08-11-2010 P R E S E N T Hon'ble Mr. Narendra Kumar Jain,J. Mr.Mohd.Anees, for the appellant Mr.Ikram-appellant present in person Mr.Anoop Agarwal, for the respondents BY THE COURT: 1. Heard learned counsel for both the parties. 2. This is defendant's second appeal in a suit for eviction filed by plaintiff- respondents, which has been decreed by both the courts below on the ground of personal bonafide necessity. 3. Learned counsel for the appellant on the instructions of appellant Ikram, who is present in person in Court, does not press second appeal on merits and prays for grant of six months' time to hand over vacant and peaceful possession of the rented premises to the plaintiff- respondent. 4. Learned counsel for the respondents has no objection in granting the aforesaid time to the appellant. 2 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 8th May, 2011. The plaintiff- respondent shall not execute the impugned decree of eviction till 8th May, 2011. 2.Defendant-appellant undertakes to pay or deposit the arrears of rent, if any, within a period of one month and will further pay or deposit the future mesne profit or rent by 15th day of each succeeding month or in advance to the plaintiff-respondent till the date of actual delivery of the 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 trial court or before this Court with an advance copy to the learned counsel for the respondent within a period of two weeks 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 in time or future mesne profit, as directed above for consecutive three months, then it will be open for the plaintiff- respondent to get the decree of 3 eviction passed in their favour executed even before the aforesaid date and to initiate contempt proceedings in this Court. With the aforesaid terms and conditions and directions, second appeal is dismissed as not pressed. (Narendra Kumar Jain),J. BKS/-