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Judgment
The instant first appeal under Section 96 CPC has been filed by the defendant-appellant aggrieved by the judgment and decree dated 20th
May, 2002 passed by the learned Additional District & Sessions Judge, No.8, Jaipur City, Jaipur.
Learned senior counsel for the appellants Shri N K Maloo after arguing the matter at some length, on instruction of his clients, has not pressed
this appeal on merits. The only prayer made by him is that time of three years may kindly be granted to the appellants to vacate the tenanted
premises.
Learned counsel appearing for the respondents Shri M M Ranjan, on instructions of his clients has no objection in granting the time as prayed
for by the appellants for vacating the tenanted premises.
In view of the aforesaid submission of learned counsel for the parties, this first appeal is being decided in the following terms:-
The appellants shall be entitled to continue in possession of the suit premises uptill 31st January, 2021 but not beyond that, subject to condition
that he would hand over the vacant and peaceful possession of the tenanted premises to the respondents on or before 31st January, 2021.
The appellants shall deposit arrears of mesne profit, if any, due towards them up to 31st January, 2018 at the rate of Rs.372/- per month within
a period of one month from today with the bank account of the respondents and thereafter, from the month of February, 2018, the appellants shall
continue to deposit the mesne profit at the rate of Rs.1,500/- in the bank account of the respondents by 15th of each month.
The appellants 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 appellants fail to deposit the mesne profit consecutively for four months, the respondents shall be at liberty to execute the decree without
any further reference to the Court.
Further, the appellants shall submit an undertaking on oath incorporating the aforesaid conditions before the Additional District & Sessions
Judge, No.8, Jaipur City, Jaipur within a period of four weeks from the date of this order. In case, the 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 respondents shall be entitled to execute the
decree forthwith and obtain possession of the suit premises in accordance with law. The first appeal stands disposed of accordingly, stay
application is also disposed of.