JUDGMENT 1. - After attempting to make submissions for sometime on the appeal, learned counsel for the appellant submits that the appellant may be granted extra time for vacating the suit premises. 2. Heard learned counsel for the parties regarding grant of extra time to vacate the suit premises. 3. Learned counsel for the appellant submitted that the premises are commercial premises and the appellant is running a shop for last many years and may be granted time till December 2014 for vacating the suit premises. 4. Learned counsel for the respondent opposed the prayer for grant of time. It was submitted that the suit was filed in the year 1996 and a meagre rent of Rs. 1,501/- only was being paid and that also is in arrears. As such, the appellant is not entitled to get any time. 5. Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the appellant to vacate the suit premises by 31st December, 2014 and allow mesne profit to the respondent until the appellants vacate the suit premises @ Rs. 1,501/- per month till December, 2014. 6. In view of the above, the learned counsel for the appellant seeks withdrawal of the appeal and the same is, therefore, dismissed as withdrawn. The stay application is also dismissed. However, the appellant is granted time to vacate the suit premises by 31st December, 2014 on the following conditions:- (i) the appellant shall submit an undertaking supported by affidavit before the trial court within 3 weeks from today to the effect that on or before 31st December, 2014 he shall handover the peaceful and vacant possession of the suit premises to the plaintiff-respondent. He shall also undertake not to cause any damage to the suit premises nor to make any alternation and not to assign/sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance. (ii) the appellant shall deposit within three weeks the arrears, if any, of the rent/mesne profit and of the decretal amount and shall further pay to the landlord the amount for use and occupation of the suit premises @ Rs.
(ii) the appellant shall deposit within three weeks the arrears, if any, of the rent/mesne profit and of the decretal amount and shall further pay to the landlord the amount for use and occupation of the suit premises @ Rs. 1,501/- per month w.e.f. 01st March, 2014 or deposit the same in the saving bank account of the respondent month by month on or before 15th day of the next month. The respondent or learned counsel for the respondent will give the details of the bank account, in which, the arrears of rent or mesne profit/month to month mesne profit will be deposited, to the appellant or counsel for the appellant within a period of two weeks from today. (iii) it is made clear that in case the appellant do not comply with any of the aforesaid conditions or violate any terms of the undertaking, then it will be open for the respondent landlord to get the decree executed forthwith in accordance with law. No costs.Appeal dismissed as withdrawn. *******