ORDER : 1. Matter comes up on application under Section 5 of the Limitation Act. As per office report, appeal is barred by limitation and filed 14 days posterior to expiry of limitation. 2. Heard learned counsel for the parties and perused the application. 3. Having regard to the facts and circumstances of the case and relying on grounds set out in the application for condonation of delay, I record my satisfaction that appellant was prevented due to good and sufficient reasons in filing appeal within time. In view thereof, the application is allowed and delay is condoned. 4. With the consent of learned counsel for the parties, appeal is heard today for admission today. 5. Appellant-defendant has preferred this second appeal aggrieved by impugned judgment & decree dated 03.08.2018 passed by Addl. Sessions Judge, Sagwada, District Dungarpur (for short, ‘first appellate Court’) dismissing his appeal against judgment and decree dated 07.10.2015, passed by Civil Judge (Senior Division), Sagwada, District Dungarpur (for short, ‘learned trial Court’), whereby the suit filed by respondent for eviction and recovery of arrears of rent against appellant was decreed. 6. Brief facts, giving rise to the present appeal, are that original respondent-plaintiff filed a suit for eviction and recovery of rent against appellant-defendant stating that he purchased a property from Shabbir vide registered sale-deed dated 25.09.2004 in Mauja, Sagwada, wherein the suit shop is situated. In the plaint, it is averred that the said shop was on rent from the time of predecessor in title of the respondent-plaintiff. It is also averred that a notice terminating tenancy under Section 106 of the Transfer of Property Act, was given to the appellant-defendant on 04.10.2012. The original-plaintiff Chhotulal based his suit essentially on reasonable & bonafide necessity and default. 7. Written statement to the plaint was filed by appellant-defendant refuting the averments of plaint. It is averred by the appellant that the shop in question was taken on rent from Ibrahim and information regarding purchase of property was not divulged by respondent-plaintiff to him. It is further averred that there is no relationship of tenant and landlord between appellant-defendant and respondent-plaintiffs and pleaded that reasonable and bonafide necessity of the suit shop is much more in his favour than that of respondent-plaintiff. Appellant-defendant further denied making any structural change in the suit shop and default in payment of rent. 8. It is further averred that there is no relationship of tenant and landlord between appellant-defendant and respondent-plaintiffs and pleaded that reasonable and bonafide necessity of the suit shop is much more in his favour than that of respondent-plaintiff. Appellant-defendant further denied making any structural change in the suit shop and default in payment of rent. 8. During pendency of the suit, original plaintiff Chhotulal died and his legal representatives the present respondents were brought on record. 9. Learned trial Court, on the basis of pleadings of rival parties, framed issues for determination, and thereafter, the rival parties tendered ocular as well as documentary evidence. Learned trial Court, thereafter, proceeded to decide the issues and after appreciating the evidence available on record decreed the suit filed by respondent-plaintiff directing the defendant to vacate the shop in question within a period of two months and to handover possession with a direction to deposit due arrears of rent Rs.17000/- and also mesne profit @Rs.1,000/- per month. The judgment and decree passed by learned trial Court was challenged by way of appeal by appellant-defendant before the first appellate Court, which was dismissed affirming the judgment & decree passed by learned trial Court. 10. Learned counsel for the appellant-defendant, upon instructions, submits that the appellant-defendant is not pressing the appeal on merits but craving that a reasonable time may be granted to him to handover peaceful vacant possession of the suit shop. 11. Learned counsel for the respondent-plaintiff has very candidly accepted the proposal of learned counsel for the appellant to allow some time for vacating the rented premises. After thorough deliberations, learned counsel for the respondent-plaintiff has agreed to allow a reasonable time to the appellant to vacate the premises latest by 31st of December, 2019 subject to paying arrears of rent @Rs.1000/- and @Rs.1500/- as mesne profit from the date of judgment & decree dated 03.08.2018 passed by learned first appellate Court uptil handing over vacant possession of the suit shop to respondent-plaintiff. 12. The aforesaid reasonable period to vacate the premises with mesne profit @Rs.1500/- per month from 03.08.2018 and payment of arrears of rent, is accepted by learned counsel for the appellant without any demure. 13. 12. The aforesaid reasonable period to vacate the premises with mesne profit @Rs.1500/- per month from 03.08.2018 and payment of arrears of rent, is accepted by learned counsel for the appellant without any demure. 13. Accordingly, the present second appeal of the appellant-defendant is closed in terms of following conditions and directions:- (i) Appellant-defendant shall furnish a written undertaking in the trial Court within a month incorporating to handover vacant and peaceful possession of the suit property in dispute to the respondent-plaintiff on or before 31.12.2019 and shall also undertake not to cause any damage to it and shall also maintain the same as it is. (ii) Appellant-defendant shall pay mesne profit @Rs.1500/- per month from 03.08.2018 and will further continue to pay the same every month by 15th day of the next succeeding month, or in advance uptil vacant possession is handed over to the respondent-landlord. The arrears of rent and mesne profit, as determined by learned trial Court and affirmed by learned first appellate Court, if not already paid, shall also be paid by the them within a period of six weeks from today and entire amount, including the amount already deposited on this account, will be disbursed to the respondent-plaintiff. (iii) Appellant-defendant shall further undertake that he will 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 and if he does so, the same will be treated as void. (iv) The respondent-plaintiff will furnish the details of bank account number in which the arrears of rent, mesne profit and regular mesne profit is now to be deposited. Arrears of rent and mesne profit is to be deposited by appellant-defendant within a period of six weeks from today. (v) On appellant-defendant furnishing the undertaking aforesaid and abiding by the terms and conditions of the order, respondent-plaintiff shall not execute the impugned decree till 31.12.2019. 14. The appellant shall submit a copy of the undertaking before this Court along with his affidavit. (v) On appellant-defendant furnishing the undertaking aforesaid and abiding by the terms and conditions of the order, respondent-plaintiff shall not execute the impugned decree till 31.12.2019. 14. The appellant shall submit a copy of the undertaking before this Court along with his affidavit. 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 executed forthwith even before the aforesaid date, i.e., 31.12.2019, and the respondent-plaintiff may also initiate contempt proceedings in this Court against the appellant-defendant. 15. With the aforesaid terms, conditions and directions, the present second appeal of the appellant/defendant, stands disposed of accordingly. No costs. 16. A copy of this judgment be sent to the learned Courts below forthwith.