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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 13th April, 2017 passed by the learned
Addl. District Judge No.1, Beawar, District Ajmer whereby the learned court below has dismissed the appeal filed by the defendant-appellant against the judgment and decree dated 18 th March, 2016 passed by the Civil Judge (J.D.), Bijay Nagar, District Ajmer in Civil Suit No.37/2004.
Learned senior counsel for the appellant Shri Virendra Dangi after arguing the appellant at some length, on instruction of his client, has not pressed this appeal on merits. The only prayer made by him is that time of one and a half year may kindly be granted to the appellant-defendant to vacate the tenanted premises.
Learned counsel appearing for the respondent-plaintiff Shri M.A. Khan on instructions of his client 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 second appeal is being decided in the following terms:-
The defendant-appellant shall be entitled to continue in possession of the suit premises up to 1 st December, 2018 but not beyond that, subject to condition that he will hand over the vacant and peaceful possession of the tenanted premises to the respondent on or before 1 st December, 2018.
The appellant shall deposit arrears of mesne profit, if any, due towards him up to 18 th March, 2016 at the rate of Rs.650/- per month and from 19.03.2016 to 31.05.2017 @ Rs.4,000/- per month within a period of one month from today with the bank account of the respondent and thereafter, from the month of June, 2017, the appellant shall continue to deposit the mesne profit at the rate of Rs.4,000/- per month in the bank account of the respondent by 15th of each month.
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.
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.
Further, the appellants shall submit an undertaking on oath incorporating the aforesaid conditions before the Civil Judge (J.D.), Bijay Nagar, District Ajmer 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 commits 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.