JUDGMENT 1. - The respondent-plaintiffs filed a suit being Civil Suit No.100/1978 (169/75)-Kashi Ram and others v. Mohd. Hussain for eviction and arrears of rent against the defendant-tenant on the ground of bonafide need and default in payment of rent. The learned trial court, however, vide the judgment and decree dated 24.02.1982 dismissed the suit for eviction of the plaintiffs. Being aggrieved by the aforesaid judgment and decree passed by the learned trial court, the plaintiff-respondents preferred appeal being Civil Appeal No.102/1986. The lower appellate court below allowed the appeal filed by the plaintiff-respondents vide the judgment and decree dated 24.02.1982 on the ground of bonafide need and, therefore, directed eviction of the suit premises viz. shop situated at Gandhi Chowk, Station Road, Bikaner, in which defendant-tenant is carrying on the business as a tailor. 2. Vide order dated 15.07.1996, a co-ordinate Bench of this Court had remitted the case back to the first appellate court by framing the following issue for fresh consideration by the learned appellate court after recording evidence led by the parties. The learned court below after recording the evidence led by the parties, decided the issue in favour of the appellant-plaintiffs and against the defendant on 13.09.1996. 3. Having heard learned counsel for the parties and upon perusal of impugned judgments and decree of the courts below, this Court finds that the findings of fact by the first appellate court below are findings of fact and eviction has rightly been ordered by the learned appellate court below. In view of the said finding of the learned appellate court below and bonafide need of the suit shop has been established by the plaintiffs, this Court finds no substantial questions of law to be arising in the present second appeal and accordingly the present second appeal is dismissed. No costs. 4. The appellant-defendant shall hand over the peaceful and vacant possession of the suit property to the respondent-plaintiffs within a period of one year from today i.e. on or before 31st July, 2013 and shall pay mesne profit Rs.
No costs. 4. The appellant-defendant shall hand over the peaceful and vacant possession of the suit property to the respondent-plaintiffs within a period of one year from today i.e. on or before 31st July, 2013 and shall pay mesne profit Rs. 250/- per month commencing from July, 2012 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 also and in case there is any default in payment of mesne profit, the period of one year for eviction shall stand reduced and the decree of eviction would become executable forthwith. The tenant shall also not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period and the same would be treated as void. The appellant-defendant shall furnish a written undertaking incorporating the aforesaid conditions in the trial court within one month and one copy thereof along with affidavit, in this Court. It is made clear that if the peaceful and vacant possession of the suit shop is not handed over to the respondent-landlord within a period of one year from today, besides execution of the decree in normal course, the respondent-plaintiff shall also be entitled to invoke the contempt jurisdiction of this Court. A copy of this judgment be sent to learned courts below forthwith.Appeal dismissed. *******