Judgment Jyotirmay Bhattacharya, J. This first appeal is directed against the judgment and decree dated 13th May, 2014 passed by the learned Civil Judge (Senior Division), Katwa, District–Burdwan in Title Suit No. 51 of 2009 at the instance of the defendants/appellants. The eviction suit filed by the plaintiffs was decreed on contest against the defendant no. 4 and ex-parte against the rest of the defendants with costs. The defendants were declared as trespassers in the suit premises with effect from 1st June, 2009 and thus they became liable to be evicted from the suit premises. The defendants were directed to quit and vacate the tenanted suit premises within two months from the date of the judgment and hand over quite and peaceful vacant possession of the suit premises to the plaintiffs. The plaintiffs got a decree for damages for unlawful use and occupation of the suit premises by the defendants as trespassers with effect from 1st day of June, 2009 at the rate of Rs.15000/- per month till the delivery of possession on payment of proper court fees in a subsequent proceeding. Challenging the said judgment and decree passed by the learned Trial Judge, the instant first appeal was filed by the defendants. In course of hearing of this appeal, the learned advocate appearing for the defendants/appellants submits that her clients want to vacate the suit premises, if some time is granted to them for vacating the suit premises. Parties have come to a consensus. The terms and conditions for vacating the suit premises by 31st December, 2015 and/or for paying the occupational charges by them for enjoying the suit premises till 31st December, 2015 are recorded in the undertaking submitted by the appellant no. 3. The appellant no.3 submitted such undertaking for himself as well as on behalf of the other appellants who authorised the said appellant no.3 to submit such undertaking on their behalf. The respondents/landlords have also accepted such terms and conditions as mentioned in the said undertaking of the appellant no.3 with certain modifications. It is submitted by Mr. Chatterjee, learned senior counsel appearing for the respondents that during the period of stay of the appellants in the suit premises up to 31st December, 2015, the appellants will be liable to pay occupational charges instead of rent at the rate at which it was mentioned in the said undertaking. It is submitted by Mr. Chatterjee, learned senior counsel appearing for the respondents that during the period of stay of the appellants in the suit premises up to 31st December, 2015, the appellants will be liable to pay occupational charges instead of rent at the rate at which it was mentioned in the said undertaking. He further submits that in case the appellants fail to vacate the suit premises by 31st December, 2015, the respondents/landlords will be entitled to evict the appellants from the suit premises through the process of execution. Mr. Chatterjee further submits that in case the appellants fail to vacate the suit premises and hand over the vacant and peaceful possession thereof to the respondents/landlords by 31st December, 2015, the appellants will be liable to pay damages at the rate of Rs.10,000/- per day until the peaceful and vacant possession of the suit premises is recovered from the appellants in execution of the decree. Ms. Sarkar, learned advocate appearing for the appellants submits on instruction from her clients that the modifications as suggested by Mr. Chatterjee are accepted by her clients. Considering such submission of the learned advocates of the parties, we dispose of this appeal by accepting the undertaking submitted by the appellant no.3 on his behalf and on behalf of the other appellants with this direction that the appellants are permitted to stay in the suit premises till 31st December, 2015 and during the period of stay, the appellants will be liable to pay to the respondents the occupational charges at different rates for different periods including arrears as mentioned in paragraph 10 of the undertaking submitted by the appellant no.3. In default of any of such payments as per the payment schedule mentioned in paragraph 10 of the said undertaking, the permission to stay in the suit premises being granted to the appellants will stand automatically withdrawn and in that event, the execution case being O.C. Execution Case No. 2 of 2014 pending in the Court of the Civil Judge (Senior Division) at Katwa, Burdwan will stand revived for evicting the appellants from the suit premises. We further direct that in case the appellants fail to vacate the suit premises and give delivery of vacant and peaceful possession thereof to the respondents/landlords by 31st December, 2015, the respondents/landlords will be entitled to recover possession of the suit premises by evicting the appellants therefrom through the process of execution. Subject to the fulfilment of the condition regarding payment of such occupational charges as mentioned hereinabove, the execution case being O.C. Execution Case No. 2 of 2014 pending in the Court of the Civil Judge (Senior Division) at Katwa, Burdwan which will remain stayed up to 31st December, 2015 will stand revived in case the defendants/appellants fail to vacate the suit premises and give up vacant and peaceful possession thereof to the respondents/landlords by 31st December, 2015 and in such circumstances on and from 1st January, 2016, the defendants/appellants will be liable to pay damages for wrongful use and occupation of the suit premises at the rate of Rs.10,000/- (rupees ten thousand only) per day until recovery of possession. The undertaking submitted by the appellant no.3 will form part of the decree. The appeal is thus disposed of by affirming the judgment and decree of the Learned Trial Judge with the modifications as mentioned above. Re: CAN 9035 of 2014 (Injunction) In view of disposal of the appeal in the manner as aforesaid, no further order need be passed on the application for injunction filed by the defendants/appellants. The said application being CAN 9035 of 2014 is thus deemed to be disposed of. Urgent photostat certified copy of this order, if applied for, be furnished to the applicant as early as possible.