IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
O R D E R
S.B. CIVIL SECOND APPEAL No.279/2010
Sarkar Mohammad
vs.
Mohammad Rafiq & Anr.
DATE: 18.05.2011
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN
Mr.Govind Prasad Rawat, for appellant.
Mr.M.I.Beg, for respondents.
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Learned counsel for appellant does not press the second appeal on merits and prays for grant of 1-1/4 years’ time to hand over vacant and peaceful possession of the rented premise to plaintiffs-respondents.
2. Learned counsel for respondents has no objection in it.
3. Both the parties have agreed to the following terms and conditions:-
(i) Defendant-appellant undertakes to hand over vacant and peaceful possession of the rented premise in dispute to plaintiffs-respondents on or before 18.08.2012. Respondents shall not execute the impugned decree of eviction till 18.08.2012.
(ii) Appellant undertakes to pay or deposit the arrears of rent, if any, within a period of two months from today and will continue to pay or deposit future mesne profit by 15th day of each succeeding month or in advance to respondents till the actual date of delivery of possession of the rented premise.
(iii) Appellant further undertakes that he will not sub-let, assign or part with the possession of the rented premise or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period.
(iv) Appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court or before this Court within a period of one month from today with an advance copy to the learned counsel for respondents.
(v) If appellant does not comply with any of the above terms and conditions and/or fails to make the payment of arrears of rent/ mesne profit within two months or future mesne profit/rent for consecutive three months, then it will be open for 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.
4. With the aforesaid terms, conditions and directions, the second appeal is dismissed as not pressed.
(NARENDRA KUMAR JAIN),J.
Sanjay