SAMPAT Vs. VIRENDRA PAL

JUDGEMENT

(1.) THE defendant-tenant has filed this second appeal aggrieved by the judgment and decree of eviction by the first appellate court of District Judge, Bhilwara in Civil Appeal No.85/2010 � Sampat vs. Virendra Pal dated 09.12.2011 affirming the judgment and decree of trial court decreeing the eviction suit No.158/2000 � Virendra Pal vs. Sampat on 28.05.2010 on the ground of bonafide necessity of the plaintiff � landlord in respect of suit premises situated at Balaji Market, Bhilwara.

(2.) THIS appeal is dismissed 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 28.02.2013 with conditions given herein below.

(3.) IT is made clear that in case, the appellant- tenant do not comply with any of the aforesaid conditions, then it will be open for the respondent-landlord to get decree passed in his favour executed even before the aforesaid date and to initiate contempt proceedings in this Court.