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2005 DIGILAW 1264 (RAJ)

Kanhaiya Lal v. Girdharilal

2005-04-28

H.R.PANWAR

body2005
Judgment H.R. Panwar, J.-I have heard learned Counsel for the parties at length. 2. In my considered opinion, after perusing the Judgment s of both the Courts below, no substantial question of law is involved in the present second appeal and concurrent findings of the Courts below require no interference. The second appeal deservers to be dismissed and same is dismissed. Since, no substantial question of law is involved in this appeal, therefore, applications under Order 41 Rules 27 and 28, CPC, and Order 6 Rule 17, CPC, are not maintainable and the same are also dismissed. 3. At the request of the learned Counsel for the appellant, the appellant-defendant is given time up to 312.2005 to vacate the suit premises on the condition that the appellant-defendant gives an undertaking before the learned trial Court within one month from today that on or before the expiry of the above period, he will peacefully hand over the vacant possession of the suit premises to the plaintiff -respondent and that during this period, he will not, in any manner, transfer the possession of the suit premises to anybody. Likewise, the entire decretal amount, so also all arrears of rent, if any, shall be deposited by the appellant in the trial Court within one month from today and shall further continue to deposit amount equal to the monthly rent by way of damages for use and occupation by 15th of each succeeding month, till the actual delivery of possession. In case the appellant fails to comply with any of the above conditions, the plaintiff -respondent will become automatically entitled to execute the decree forthwith. 4. Stay petition also stands disposed of .