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2017 DIGILAW 2605 (RAJ)

Bhura S/o Shri Kishan Lal v. Hari Ram S/o Late Kanhiya Lal

2017-11-28

PRAKASH GUPTA

body2017
JUDGMENT AND ORDER : PRAKASH GUPTA, J. The instant Civil First Appeal under Section 96 CPC has been filed by the Defendants-appellants aggrieved by the judgment and decree dated 4th April, 2017 passed by learned Additional District Judge No. 2, Alwar in civil suit No. 42/2011 whereby suit for ejectment and recovery of rent was decreed. 2. Shri Vaibhav Bhargava, learned counsel appearing for the defendants-appellants instead of pressing the appeal on merits, on instructions of his client, prays for three years time to vacate the tenanted premises. 3. Mr. Bipin Gupta, learned counsel appearing for the plaintiffs-respondents, on instruction of his client Hari Ram (who is present in person in the Court), has no objection in granting three years time to the defendants-appellants to vacate the tenanted premises. 4. In view of the aforesaid submission of learned counsel for the parties, this first appeal is being decided in the following terms:— 1. The defendants-appellants shall be entitled to continue in possession of the suit premises up to 30th November, 2020 but not beyond that, subject to condition that they would hand over the vacant and peaceful possession of the tenanted premises to the respondent on or before 30th November, 2020. 2. The defendants-appellants shall deposit arrears of mesne profit, if any, due towards them up to 30th November, 2017 at the monthly rate of Rs. 2400/- within a period of four weeks from today with the bank account of the plaintiffs-respondents and thereafter, from the month of December, 2017 the defendants-appellants shall continue to deposit the mesne profit at the monthly rate of Rs. 2400/- in the bank account of the plaintiffs-respondents by 15th of each month. 3. The defendants-appellants shall not alienate or otherwise create third party right or hand over possession of the tenanted premises in question to any other person. 4. If the defendants-appellants fail to deposit the mesne profit consecutively for four months, the plaintiffs-respondents shall be at liberty to execute the decree without any further reference to the Court. 5. Further, the defendants-appellants shall submit an undertaking on oath incorporating the aforesaid conditions before the trial court within a period of four weeks from the date of this order. If the defendants-appellants fail to deposit the mesne profit consecutively for four months, the plaintiffs-respondents shall be at liberty to execute the decree without any further reference to the Court. 5. Further, the defendants-appellants shall submit an undertaking on oath incorporating the aforesaid conditions before the trial court within a period of four weeks from the date of this order. In case, the defendants-appellants fail to submit the undertaking as aforesaid within four weeks from today and/or commit breach of any of the conditions of this order, the plaintiffs-respondents shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law. 6. The first appeal stands disposed of accordingly, Stay application is also disposed of.