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Judgment
The instant Civil Second Appeal under Section 100 CPC
has been filed by the defendants-appellants aggrieved by the
judgment and decree dated 19th July, 2017 passed by the learned
Additional District & Session Judge No.2, Ajmer whereby the
learned court below has dismissed the appeal filed by the
defendants-appellants against the judgment and decree dated
23rd May, 2006 passed by the Civil Judge (J.D.) West Ajmer in Civil
Suit No.383/1983.
Learned counsel for the appellant Shri B L Agarwal
after arguing the matter at some length, on instruction of his
clients, 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 appellants to vacate the tenanted premises.
Learned counsel appearing for the respondents Shri
Rahul Agarwal 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 uptill 10 th June, 2019 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 June, 2019.
The appellants shall deposit arrears of mesne profit, if any, due towards them up to 30th November, 2017 at the rate of Rs.20/- per month within a period of one month from today with the bank account of the respondents and thereafter, from the month of December, 2017, the appellants shall continue to deposit the mesne profit at the rate of Rs.5,000/- in the bank account of the respondents by 15th 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 Civil Judge
(J.D.) West Ajmer 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.