CSA 478/08 – LRs of Jamna Lal V. Shri Jagdish Chandra & Ors. Judgment dt:5/9/08 1/2 S.B.CIVIL SECOND APPEAL NO. 478/2006 DATE OF JUDGMENT : 5.9.2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Narendra Singh for Mr. Sajjan Singh for the appellants. 1. This appeal is disposed of as not pressed in view of undertaking of defendant-tenant to hand over the peaceful & vacant possession of the suit premises to the plaintiff on or before 31.12.2009 with conditions given below. 2. Both the parties agree to dispose of this second appeal on the following terms and conditions:- (i) The appellant undertakes to hand-over the vacant and peaceful possession of the suit premises, in dispute to the respondent on or before 31.12.2009. The respondent shall not execute the impugned decree till 31.12.2009. (ii) The appellant undertakes to pay or deposit the mesne profit at the rate of Rs.500/- per month w.e.f. September, 2008 and will further continue to pay the mesne profit each month by 15th day of the next succeeding month or in advance to the respondent. (iii) The appellant further undertakes that he shall not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period. (iv) The appellant shall furnish a written undertaking incorporating the aforesaid conditions in the Lower Court by 31st September, 2008 and one CSA 478/08 – LRs of Jamna Lal V. Shri Jagdish Chandra & Ors. Judgment dt:5/9/08 2/2 copy thereof along with affidavit in this Court. (v) Learned counsel for respondent-landlord will give the details of his bank account number in which the arrears or rent or mesne profit, if any, will be deposited, within the period of four weeks from today. 3. It is made clear that in case, the appellant-tenant does not comply with any of the aforesaid conditions, then it will be open for the respondents landlord to get decree passed in his favour executed even before the aforesaid date and to initiate contempt proceedings in this Court. 4. With the aforesaid terms, conditions and directions, the appeal is accordingly dismissed as not pressed. A copy of this order be sent to the respondents. [ DR. VINEET KOTHARI ], J. item No.43 babulal/-