Hanuman Prasad Sharma vs Munna

Narendra Kumar Jain, J.—No one is present for the applicant, Chhutan @ Chotu S/o. Mohammedd Yasin to prosecute the application filed under Order 1 Rule 10 CPC. Therefore, the same is dismissed in default.

Heard learned Counsel for the parties.

Defendant/tenant has preferred this second appeal in a suit for ejectment instituted by Plaintiff-Respondent against him, which has been decreed by both the courts below on the ground of personal bonafide necessity of the Plaintiff''s son in respect of rented premises.

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 time to hand over vacant and peaceful possession of the rented premises to the Plaintiff-Respondent.

Learned Counsel for the Respondent, on instructions of the Respondent, who is present in person in Court, 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:

The Defendant-Appellant undertakes to hand over vacant and peaceful possession of the rented premises in dispute to the Plaintiff-Respondent on or before 31st May, 2012. The Plaintiff Respondent shall not execute the impugned decree of eviction till 31st May, 2012.

Defendant-Appellant undertakes to pay or deposit the future mesne profit @ Rs. 2,200/-(Rupees Two Thousands and Two Hundreds Only) per month by 15th day of each succeeding month or in advance to the Plaintiff-Respondent with effect from 01.12.2010 till the date of actual delivery of the possession.

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.

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 three weeks from today.

If the Appellant does not comply with any of the aforesaid terms and conditions and/or fails to make payment of 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.

With the aforesaid terms and conditions and directions, second appeal is dismissed as not pressed.