1 S.B. Civil Second Appeal No. 19/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR JUDGMENT S. B. CIVIL SECOND APPEAL NO.19/2009 Israr Ahmed Vs. Kailash Chand DATE OF JUDGMENT: 25-11-2010 P R E S E N T Hon'ble Mr. Narendra Kumar Jain,J. Mr. B.L. Mandhana, for the appellant. Mr. Israr Ahmed, appellant present in person. Mr. Amit Jindal, for the respondent. Mr. Kailash Chand, respondent present in person. BY THE COURT: Heard learned counsel for the parties. 2. Defendant-tenant has preferred this second appeal in a suit for eviction filed by plaintiff-respondent, which has been decreed by both the courts below on the ground of denial of title and material alteration. 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 prays for grant of time to hand over vacant and peaceful possession of the rented premises to the plaintiff-respondent. 2 S.B. Civil Second Appeal No. 19/2009 4. Learned counsel for the respondent on instructions of the respondent, who is present in person in Court, has no objection in granting time to the appellant. 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 30th November, 2012. The plaintiff- respondent shall not execute the impugned decree of eviction till 30th November, 2012. 2. Defendant-appellant undertakes to pay or deposit all the arrears of rent due till now within a period of one month from today and will further 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. Plaintiff-respondent shall furnish details of his bank account to the defendant-appellant within two weeks from today. If details of bank account are not furnished, then it will be open for the appellant-defendant to deposit arrears of rent or future mesne profit in the trial court. 4. 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. 3 S.B. Civil Second Appeal No. 19/2009 5. 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 one month from today. 6. 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 or future 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. 6. With the aforesaid terms and conditions and directions, second appeal is dismissed as not pressed. 7. Since second appeal itself has been disposed off finally, therefore, stay application as well as application for vacation of stay both stand disposed off. (Narendra Kumar Jain),J. Manoj, Item No. S.1.