Choudhary Chanda Lal (Died) (Smt. Nand Kanwar Bai) vs Durga Shanker s/o Ram Ratan Bohra (Radha Devi)

The instant Civil Second Appeal under Section 100 CPC has

been filed by the defendant-appellant aggrieved by the judgment

and decree dated 4.1.1995 passed by learned Additional District

Judge, Jhalawar whereby the court below dismissed the appeal

filed by the defendant-appellant filed against the judgment and

decree dated 13.2.1987 passed by Munsif and Judicial Magistrate

Ist Class, Jhalawar (hereinafter referred to as `the trial court'') in

Civil Suit No.69/75, decreeing the suit of eviction and recovery of

rent filed by the plaintiffs-respondents.

Shri VK Tamolia, learned counsel appearing for the

appellants, on instruction of his clients, has not pressed this

appeal on merits. The only prayer has been made by him is that

time of two years may be granted to the appellants to vacate the

tenanted premises.

Shri Amit Gupta, learned counsel appearing for the plaintiffs-

respondents on instructions of his clients has no objection in

granting the time of two years 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 defendants-appellants shall be entitled to continue in possession of the suit premises up to 10 th May,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 10 th May, 2019.

The appellants shall deposit arrears of mesne profit, if any, due towards them up to 31st May, 2017 at the monthly rate of Rs.45/- within a period of one month from today with the bank account of the respondents and thereafter, from the month of June,2017, the appellants shall continue to deposit the mesne profit at the monthly rate of Rs.45/- 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 trial court 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.