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Judgment
The instant Civil Second Appeal under Section 100 CPC has
been filed by the defendant-appellants aggrieved by the judgment
and decree dated 10.08.2016 passed by learned Addl. District
Judge No.10, Jaipur Metropolitan, Jaipur whereby the court below
has dismissed the appeal filed by the defendant-appellant against
the judgment and decree dated 13.02.2013 passed by Addl. Civil
Judge (Jr. Div.) (West), Jaipur Metropolitan in Civil Suit
No.07/1996.
Shri Namish Nigotia, 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 1 years may be
granted to the appellants to vacate the tenanted premises.
Shri Sanjay Mehta, learned counsel appearing for the
plaintiffs-respondents 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 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 10 th September, 2018 but not beyond that, subject to condition that they would hand over the vacant and peaceful possession of the tenanted premises to the respondents on or before 10th September,2018.
The appellants shall deposit arrears of mesne profit, if any, due towards them up to 28th February, 2017 at the rate of Rs.150/- per month within a period of one month from today with the bank account of the respondent and thereafter, from the month of March,2017, the appellants shall continue to deposit the mesne profit at the same rate in the bank account of the respondents by 15 th 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 Addl. Civil Judge
(Jr.Div.) (West), Jaipur Metropolitan 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 second appeal stands disposed of accordingly, Stay
application is also disposed of.