1. - This appeal is disposed of as not pressed in view of undertaking of defendant-tenant to hand over the peaceful and vacant possession of the suit premises to the plaintiff on or before 31.12.2012 with conditions given below.

2. The appellant agrees to disposal of this second appeal on the following terms and conditions

(i) The appellant undertakes to handover the vacant and peaceful possession of the suit premises in dispute to the respondent on or before 31.12.2012. The respondent shall not execute the impugned decree till 31.12.2012.

(ii) The appellant undertakes to pay or deposit the mesne profit at the rate of Rs. 500/- per month w.e.f. May, 2011 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 anyone 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 30.4.2011 and one copy there