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Judgment
Since both these appeals arise out of the common judgment, the same are being decided by this common order.
S.B. Civil Second Appeal No.270/2006 under Section 100 CPC has been filed by the defendant-appellant aggrieved by the judgment and decree dated
27.3.2006 passed by learned
Additional District Judge No.7, Jaipur City, Jaipur in Civil Regular Appeal No. 4/2006 whereby the said court allowed the appeal filed by the plaintiffs-
respondents and set aside the judgment and decree dated 28.9.2005 passed by Civil Judge (Jr. Div.) West, Jaipur City, Jaipur in Civil Suit
No.549/1998Â whereby the suit of the plaintiffs-respondents for eviction had been dismissed.
By the same judgment, the said court dismissed appeal No.31/2005, filed by the defendant-appellant. Feeling aggrieved by the finding recorded by the
trial court on issues No.6A in Civil Suit No.549/1998. Hence, SB Civil Second Appeal No.607/2006 has been filed by the defendant respondent to
challenge finding of the courts below on issue No.6A.
Shri VK Tamolia, learned counsel appearing for the defendant-appellant instead of pressing the appeals on merits, on instructions of his client, who
is present in the Court, stated that period of three years may kindly be granted to the defendantappellant to vacate the tenanted premise.
Mr. Kapil Bardhar, learned counsel appearing for the plaintiffs-respondents, on instruction of his client Ramlal Rahi, who is present in the Court has no
objection in granting three years time to the defendant-appellant to vacate the tenanted premises.
In view of the aforesaid submission of learned counsel for the parties, both the second appeals are being decided in the following terms:-
The defendant-appellant shall be entitled to continue in possession of the suit premises up to 28th February, 2021 but not beyond that, subject to
condition that he would hand over the vacant and peaceful possession of the tenanted premises to the plaintiffs-respondents on or before 28th
February, 2021.
The defendant-appellant shall deposit arrears of mesne profit, if any, due towards him up to 28th February, 2018 at the monthly rate of Rs.1293/-
within a period of one month from today with the bank account of the plaintiffsrespondents and thereafter, from the month of March, 2018, the
defendant-appellant shall continue to deposit the mesne profit at the same rate in the bank account of the plaintiffs-respondents by 15th of each month.
The defendant-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 defendant-appellant fails to deposit the mesne profit consecutively for four months, the plaintiffsrespondents shall be at liberty to execute the
decree without any further reference to the Court.
Further, the defendant-appellant shall submit an undertaking on oath incorporating the aforesaid conditions before the trial court within a period of four
weeks from the date of this order. In case, the defendant-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 plaintiffs-respondents shall be entitled to execute the decree forthwith and obtain possession
of the suit premises in accordance with law.
Both the second appeals stand disposed of accordingly, Stay applications are also disposed of.