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Judgment
The instant Civil First Appeal under Section 96 CPC has been
filed by the defendant-appellant aggrieved by the judgment and
decree dated 5th February, 2008 passed by learned Addl. District
Judge No.3, Jaipur City, Jaipur in civil suit 4/2002 whereby the suit
of the plaintiffs-respondents for eviction has been decreed against
the defendant-appellant.
Mr. RK Agarwal, learned Sr. Counsel appearing for the
defendant-appellant, on instruction of his client, (who is present
in person in the court) has prayed that the defendant-appellant
may be permitted to vacate the shop in question within a period of
five years.
Shri Laxmi Kant, learned counsel appearing for the plaintiffs-
respondents on instructions of his client, Shri Kailash Chand
Kabara (who is also present in court), has no objection in
permitting the defendant-appellant to vacate the shop in question
within a period of five years.
In view of the aforesaid submission of learned counsel for
the parties, this first appeal is being decided in the following
terms:-
The defendant-appellant shall be entitled to continue in possession of the suit premises up to 30 th November, 2022 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 30th November, 2022.
The defendant-appellant shall deposit arrears of mesne profit, if any, due towards him at the monthly rate of Rs.2,500/- till 31st October, 2017, within a period of two month from today and thereafter up to 30th November,2017 he shall continue to deposit the mesne profit @ Rs.2,500/- per month and thereafter, till handing over the possession of the shop in question, the defendant-appellant shall continue to deposit the mesne profit at the monthly rate of Rs.3,000/- in the bank account of the plaintiff-respondent by 15 th of each month.
The defendant-appellant shall not alienate or otherwise create third party right or hand over possession of the shop in question to any other person.
If the defendant-appellant fails to deposit the mesne profit consecutively for four months, the plaintiffs- respondents 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.
As a consequence of disposal of the main appeal, the stay
application and also the cross objection stand disposed of.