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Judgment
The instant Civil Second Appeal under Section 100 CPC has been filed by the appellant Firm Tyre Traders through Shri Kashmiri Lal Kakkad, who is
said to be the partner of the firm. The appellant was not a party to the Civil Suit bearing No.66/1999, filed by the plaintiffs-respondents Nos.1 to 3
against defendants- respondent Nos.4 to 6. However, aggrieved by the judgment and decree dated 19th November, 2014 passed by learned Additional
Civil Judge (J.D.) No.2, in the said suit, the appellant preferred an appeal, which was dismissed by the learned Additional District & Sessions Judge
No.18, Jaipur Metropolitan, Jaipur vide judgment and decree dated 18.11.2016.
Hence, this second appeal.
Appellant Shri Kashmiri Lal Kakkad has not pressed this appeal on merits. The only prayer made by him is that time of two years may kindly be
granted to him to vacate the tenanted premises.
Respondent No.2 & 3 Shri Subhash Kishore Sharma and Shri Ashok Kumar Sharma have no objection in granting the time as prayed for by the
appellant for vacating the tenanted premises.
In view of the aforesaid submission made by the parties, this second appeal is being decided in the following terms:-
The appellant and respondent Nos.4 to 6 shall be entitled to continue in possession of the suit premises uptill 31st May, 2020 but not beyond that,
subject to condition that they would hand over the vacant and peaceful possession of the tenanted premises to the plaintiffsrespondents on or before
31st May, 2020.
The appellant and respondent Nos.4 to 6 shall deposit arrears of mesne profit, if any, due towards them up to 31st May, 2018 at the rate of Rs.132/-
per month within a period of one month from today with the bank account of the plaintiffs-respondents and thereafter, from the month of June, 2018,
the appellant and respondent Nos.4 to 6 shall continue to deposit the mesne profit @ Rs.1,000/- per month in the bank account of the respondent
Nos.1 to 3 by 15th of each month.
The appellant and respondent No.4 to 6 shall not alienate or otherwise create third party right or hand over possession of the tenanted premises in
question to any other person.
If the appellant and respondent No.4 to 6 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.
Further, the appellant and respondent No.3 to 6 shall submit an undertaking on oath incorporating the aforesaid conditions before the Additional Civil
Judge (J.D.) No.2, Jaipur Metropolitan, Jaipur within a period of four weeks from the date of this order. In case, the appellant and respondent No.3 to
6 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-
respondent Nos.1 to 3 shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law.
The second appeal stands disposed of accordingly, stay application is also disposed of.