JUDGMENT : 1. Appellant-defendants have preferred this second appeal aggrieved by impugned judgment & decree dated 21.08.2018 passed by Addl. District Judge No.5, Jodhpur Metropolitan (for short, ‘first appellate Court’) dismissing their appeal against judgment and decree dated 09.05.2017, passed by Senior Civil Judge No.2, Jodhpur Metropolitan (for short, ‘learned trial Court’), whereby the suit filed by respondent-plaintiff, for eviction and recovery of rent against appellant-defendants was decreed. 2. Brief facts, giving rise to the present appeal are that respondent-plaintiff filed a suit for eviction and recovery of rent against appellant-defendants stating that the suit property Shop No.D-3, ad-measuring 10’ x 18’, situated in Tripolia Market of Jodhpur city was taken on rent @ Rs.600/- per month by appellant-defendants. The respondent-plaintiff in the plaint claimed unpaid rent of Rs.21,600/- from 01.01.2000. It is averred in the plaint that notice terminating the tenancy was given to the appellants but no reply to the same was given. The suit was essentially based on reasonable & bonafide necessity and default. 3. Written statement to the plaint was filed by the appellant-defendants refuting the averments of plaint. It is averred by appellants that the shop was taken on rent in the year 1976 @Rs.300/- per month, which was later on increased to Rs.400/- and lastly the rent was paid on 28.02.1998. It is further averred that thereafter rent tendered to the respondent-plaintiff was not accepted, therefore, rent amount was sent by money order as the bank account information asked for was not provided by the respondent-plaintiff. It is asserted by appellant-defendants, that the rent was subsequently deposited in the learned trial Court under Section 19A, as such, they are not defaulters. 4. Learned trial Court, on the basis of pleadings of rival parties, framed issues for determination and thereafter the rival parties tendered ocular as well as documentary evidence. Learned trial Court, thereafter, proceeded to decide the issues and after appreciating the evidence available on record decreed the suit filed by respondent-plaintiff directing the defendants to vacate the shop in question within a period of two months and to handover possession with a direction to deposit due rent @Rs.400/- per month from the date of filing of the suit. The judgment and decree passed by the learned trial Court was challenged by way appeal by appellant-defendants before the first appellate Court, which was dismissed affirming the judgment & decree passed by learned trial Court. The judgment and decree passed by the learned trial Court was challenged by way appeal by appellant-defendants before the first appellate Court, which was dismissed affirming the judgment & decree passed by learned trial Court. 5. Learned counsel for the appellant-defendants, upon instructions, submits that the appellant-defendants are not pressing the appeal on merits but craving that a reasonable time may be granted to them to handover peaceful vacant possession of the suit shop. 6. Learned counsel for the respondent-landlord has very candidly accepted the proposal of learned counsel for the appellants to allow some time for vacating the rented premises. After thorough deliberations, learned counsel for the respondent-landlord has agreed to allow a reasonable time to the appellants to vacate the premises latest by 31st of March, 2020 subject to paying mesne profit @Rs.750/- from the date of judgment & decree dated 09.05.2017 uptil handing over vacant possession of the suit shop to respondent-plaintiff, as ordered by learned trial Court and affirmed by learned first appellate Court. 7. The aforesaid reasonable period to vacate the premises with mesne profit @Rs.750/-per month from 09.05.2017 and payment of arrears of rent is accepted by learned counsel for the appellants without any demure. 8. Accordingly, the present second appeal of the appellantdefendants is closed in terms of following conditions and directions:- (i) Appellant-defendants shall furnish a written undertaking in the trial Court within a month incorporating to hand-over vacant and peaceful possession of the suit property in dispute to the respondent-plaintiff on or before 31.03.2020 and shall also undertake not to cause any damage to it and shall also maintain the same as it is. (ii) Appellant-defendants shall also pay mesne profit @Rs.750/- per month from 09.05.2017 and will further continue to pay the same every month by 15th day of the next succeeding month, or in advance uptil vacant possession is handed over to the respondent-landlord. The arrears of rent and mesne profit, as determined by learned trial Court and affirmed by learned first appellate Court, if not already paid, shall also be paid by the them within a period of three months from today and entire amount, including the amount already deposited on this account, will be disbursed to the respondent-plaintiff. The arrears of rent and mesne profit, as determined by learned trial Court and affirmed by learned first appellate Court, if not already paid, shall also be paid by the them within a period of three months from today and entire amount, including the amount already deposited on this account, will be disbursed to the respondent-plaintiff. (iii) Appellant-defendants shall further undertake that they will not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period and if they do so, the same will be treated as void. (iv) The respondent-plaintiff will furnish the details of bank account number in which the arrears of rent, mesne profit and regular mesne profit is now to be deposited. Arrears of rent and mesne profit is to be deposited by appellant-defendants within a period of three months from today. (v) On appellant-defendants furnishing the undertaking aforesaid and abiding by the terms and conditions of the order, respondent-plaintiff shall not execute the impugned decree till 31.03.2020. 9. The appellants shall submit a copy of the undertaking before this Court along with their affidavits. It is made clear that in case the appellant-defendants do not comply with any of the aforesaid conditions, then it will be open for the respondent-plaintiff to get the decree executed forthwith even before the aforesaid date, i.e., 31.03.2020, and the respondent-plaintiff may also initiate contempt proceedings in this Court against the appellant-defendants. 10. With the aforesaid terms, conditions and directions, the present second appeal of the appellant/defendants, stands disposed of accordingly. No costs. 11. A copy of this judgment be sent to the learned Courts below