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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 21.12.2016 passed by learned Additional District Judge No.1, Kota whereby the court below has dismissed the appeal filed by the defendant appellant against the judgment and decree dated 11.07.2006 passed by Addl. Civil Judge (Jr.Div.)
No.1, North Kota in Civil Suit No.340/2001.
Shri Naseemuddin Quazi, learned counsel appearing for the appellant, after arguing the appeal at some length, on instruction of his client, 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 appellant to vacate the tenanted premises.
Shri Pradeep Mathur, learned counsel appearing for the plaintiff-respondent on instructions of his client has no objection in granting the time as prayed for by the appellant 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 8th October, 2018 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 8 th October, 2018.
The appellant shall deposit arrears of mesne profit, if any, due towards him up to 30 th April, 2017 at the monthly rate of Rs.250/- within a period of one month from today with the bank account of the respondents and thereafter, from the month of May,2017, the appellant shall continue to deposit the mesne profit at the monthly rate of Rs.1000/- 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 appellant shall submit an undertaking on oath incorporating the aforesaid conditions before the Addl. Civil Judge, (Jr. Div.) No.1, North, Kota 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.