JUDGMENT 1. (Oral) - This second appeal is arising out of the judgment and decree dated 13.04.2015 passed by the learned Additional District Judge No.3, Jodhpur Metropolitan in Civil Regular Appeal No. 32/2007 (N.C.V. No. 463/2014) "Himmata Ram v. Jagannath" dismissed the appeal filed by the present appellant-defendant and affirmed the judgment and decree dated 13.10.2011 passed by the learned Additional Civil Judge (Senior Division) No.1, Jodhpur in Civil Original Case No. 168/2000 (273/1995) "Jaggannath Singh v. Himmata Ram" by which, the learned Additional Civil Judge (Senior Division) had decreed the suit filed by the respondent-plaintiff seeking eviction of the appellant-defendant from the suit shop No.2 in question situated at Raoji Ki Nai Haveli, Narsingh Dhara, Jodhpur on the ground of default in payment of rent. 2. The present second appeal has been filed by the appellant, who was the defendant before the learned Trial Court against the concurrent decree of eviction granted by the two Courts below in favour of the plaintiff. 3. Today, the learned counsel Mr. S.D. Vyas appearing for the appellant-defendant-tenant-Himmata Ram submitted that the appellant-defendant is running his business in the suit shop since last so many years and, therefore, he has instructions not to press this appeal on merits but some reasonable time may be granted to the appellant-defendant to vacate the suit shop and to hand-over vacant possession of the suit shop to the plaintiff-respondent. The learned counsel further submitted that the appellant-defendant is ready to pay rent/mesne profits of the suit shop @ Rs. 1500/- per month (Rupees One thousand Five hundred only) to the plaintiff-respondent. 4. On the other hand, the learned counsel Mr. M.R. Singhvi, Senior Advocate with Mr. Hukum Singh appearing for the respondent-plaintiff submitted that the plaintiff is fighting for the suit shop in question since long and, therefore, he has objection in granting much longer time to vacate the shop in question. 5. Having heard the learned counsels for the parties and having perused the judgments and decree of both the Courts below, the prayer made by the learned counsel for the appellant-tenant seems to be reasonable and deserves to be granted subject to the appeal not being pressed on merits. 6. Accordingly, it is directed that the appellant-defendant-tenant shall hand over the peaceful and vacant possession of the suit shop to the respondents-plaintiffs on or before 31.01.2017 and shall pay mesne profit @ Rs. 6. Accordingly, it is directed that the appellant-defendant-tenant shall hand over the peaceful and vacant possession of the suit shop to the respondents-plaintiffs on or before 31.01.2017 and shall pay mesne profit @ Rs. 1,500/- per month (Rupees One Thousand Five Hundred only) commencing from the month of November, 2015 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/plaintiff also and in case there is any default in payment of mesne profit, the period of Fifteen Months for eviction shall stand reduced and the decree of eviction would become executable forthwith. The appellant/defendant/tenant shall also clear all the arrears of rent and mesne profit and pay the same to the respondent/plaintiff within three months from today, otherwise the same will bear interest @9% per annum. The appellant/tenant shall also not sub-let, assign or part with the possession of the suit shop 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 if it is so done, 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 premises is not handed over to the respondent-plaintiff within a period of Fifteen Months from today or mesne profits are not paid as directed above, besides the expeditious execution of the decree in normal course, the respondent-plaintiff shall also be entitled to invoke the contempt jurisdiction of this Court. 7. With the aforesaid directions, the present second appeal filed on behalf of the appellant-defendant-Himmat Ram S/o Bhika Ram stands disposed of. A copy of this judgment be sent to both the learned Courts below and the parties concerned forthwith.Appeal disposed of. *******