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2017 DIGILAW 901 (RAJ)

Sita Ram v. Trilok Chand Hurkat

2017-04-06

PRAKASH GUPTA

body2017
JUDGMENT : Prakash Gupta, J. The instant Civil Second Appeal under Section 100 CPC has been filed by the defendants-appellants aggrieved by the judgment and decree dated 23.09.2015 passed by the learned Additional District Judge, No.6, Jaipur Metropolitan, Jaipur whereby the learned court below has dismissed the appeal filed by the defendant-appellant against the judgment and decree dated 18.01.2006 passed by the Additional Civil Judge (J.D.), East, Jaipur City, Jaipur in Civil Suit No.222/1995. 2. Learned counsel for the appellant Shri Nikhil Simlote on instruction of his client, has not pressed this appeal on merits. The only prayer made by him is that time of one year and six months may kindly be granted to the appellant to vacate the tenanted premises. 3. Learned counsel appearing for the respondents Shri M.C. Jain on instructions of his client has no objection in granting the time as prayed for by the appellant for vacating the tenanted premises. 4. In view of the aforesaid submission of learned counsel for the parties, this second appeal is being decided in the following terms:- 1. The defendant-appellant shall be entitled to continue in possession of the suit premises up to 5th October, 2018 but not beyond that, subject to condition that he would hand over the vacant and peaceful possession of the tenanted premises to the respondent on or before 5th October, 2018. 2. The appellant shall deposit arrears of mesne profit, if any, due towards him up to 31st March, 2017 at the rate of Rs.50/- per month within a period of one month from today with the bank account of the respondent and thereafter, from the month of April, 2017, the appellant shall continue to deposit the mesne profit at the monthly rate of Rs.500/- in the bank account of the respondents by 15th of each month. 3. The appellant 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 appellant fails to deposit the mesne profit consecutively for four months, the respondent shall be at liberty to execute the decree without any further reference to the Court. 5. Further, the appellant shall submit an undertaking on oath incorporating the aforesaid conditions before the Additional Civil Judge (J.D.), East, Jaipur City, Jaipur within a period of four weeks from the date of this order. 5. Further, the appellant shall submit an undertaking on oath incorporating the aforesaid conditions before the Additional Civil Judge (J.D.), East, Jaipur City, Jaipur within a period of four weeks from the date of this order. In case, the appellant fails to submit the undertaking as aforesaid within four weeks from today and/or commit breach of any of the conditions of this order, the respondent shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law. 6. The second appeal stands disposed of accordingly, Stay application is also disposed of.