1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR JUDGMENT S.B.CIVIL SECOND APPEAL NO.374/2010 Hajari Lal vs. Gyarsi Lal DATE OF JUDGMENT: 01-10-2010 P R E S E N T Hon'ble Mr. Narendra Kumar Jain,J. Ms.Gayatri Rathore, for the appellant Mr.Hajari Lal-appellant present in person Mr.Alok Garg, for the respondent Mr.Satya Narain S/o Gyarsi Lal present in person BY THE COURT: 1. 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 prays for grant of 15 months' time to hand over vacant and peaceful possession of the rented premises to the plaintiff-respondents. Learned counsel for the respondent has no objection in granting the time to the appellant. 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-respondents on or before 31st December, 2011. The plaintiff- respondent shall not execute the impugned decree of eviction till 2 31st December, 2011. 2.Defendant-appellant undertakes to pay or deposit the future mesne profit 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 respondents 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 rent/mesne profit as directed above for consecutive three months, then it will be open for the respondent to get the decree of eviction passed in his 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/-