Ashok Kumar S/o Jagannath Prasad vs Lakhan Lal S/o Harvilas

The instant Civil Second Appeal under Section 100 CPC has

been filed by the defendants-appellants aggrieved by the

judgment and decree dated 04.04.2017 passed by learned

Additional District Judge, Bari, District Dholpur whereby the court

below has dismissed the appeal filed by the defendants-

appellants against the judgment and decree dated 28.11.2016

passed by Addl. Senior Civil Judge No.3, Bari, District Dholpur in

Civil Suit No.49/2013.

Shri JP Gupta 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 18 months may be granted to

the appellants to vacate the tenanted premises.

In view of the aforesaid submission of learned counsel for

the appellants, 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 7 th November, 2018 but not beyond that, subject to condition that they would hand over the vacant and peaceful possession of the tenanted premises to the respondent on or before 7 th November, 2018.

The appellants shall deposit arrears of mesne profit, if any, due towards them up to 30th April, 2017 at the monthly rate of Rs.175/- within a period of one month from today with the bank account of the respondents and thereafter, from the month of May,2017, the appellants shall continue to deposit the mesne profit at the monthly rate of Rs.500/- 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 respondent 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. Sr. Civil

Judge No.3, Bari, District Dholpur 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

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.