(1.) THE present First Appeal under Section 96 of Civil Procedure Code has been filed by the appellant � defendant -tenant against the judgment and decree dated 24.04.2010 passed by learned court below of Distric Judge, Sirohi in Civil Original Suit No.16/2008 � Ramesh Chand and another vs. Mohammed Khan for eviction and arrears of rent with respect to the suit property in question a shop situated in village Mandar, district Sirohi.
(2.) THIS appeal is dismissed as not pressed on merits in view of undertaking of defendant-appellant-tenant to hand over the peaceful & vacant possession of the suit premises to the plaintiff on or before 31.07.2013 with conditions given herein below.
(3.) IT is made clear that in case, the appellant- defendant does not comply with any of the aforesaid conditions, then it will be open for the respondent-plaintiff to get the decree passed in his favour executed even before the aforesaid date and to initiate contempt proceedings in this Court.