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Judgment
The instant Civil Second Appeal under Section 100 CPC has
been filed by the defendant-appellant aggrieved by the judgment
and decree dated 05.01.2017 passed by learned Addl. District
Judge No.3, Bharatpur whereby the court below has dismissed the
appeal filed by the defendants-appellants against the judgment
and decree dated 31.01.2001 passed by Addl. Civil Judge (Sr.
Div.) No.1, Bharatpur in Civil Suit No.02/95(48/81).
Shri RB Sharma (Ghantola), learned counsel appearing for
the appellants, after arguing the appeal at some length, on
instruction of his clients, has not pressed this appeal on merits.
The only prayer has been made by him is that time of 18 months
may be granted to the appellants to vacate the tenanted
premises.
In view of the aforesaid submission of learned counsel for
the appellants, this second appeal is being decided in the following
terms:-
The defendants-appellants shall be entitled to continue in possession of the suit premises up to 25 rd October, 2018 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 25 th October,2018.
The appellants shall deposit arrears of mesne profit, if any, due towards him up to 30st April, 2017 at the monthly rate of Rs.73/- within a period of one month from today with the bank account of the respondent and thereafter, from the month of May,2017, the appellants shall continue to deposit the mesne profit at the monthly rate of Rs.500/- in the bank account of the respondent 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 respondent 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 Addl. Civil Judge
(Sr.Div.) No.1, Bharatpur 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
respondent 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.