Girraj Prasad S/o Shri Buddhi Lal Brahmin vs Premchand Goyal S/o Badri Prasad

The instant Civil Second Appeal under Section 100 CPC

has been filed by the defendants-appellants aggrieved by the

judgment and decree dated 11th December, 1999 passed by the

learned Additional District Judge No.1, Bharatpur whereby the

learned court below has dismissed the appeal filed by the

defendants-appellants against the judgment and decree dated 28 th

August, 1993 passed by the Additional Munsif & Judicial Magistrate

No.1, Bharatpur in Civil Suit No.351/1993.

Learned counsel for the appellant Shri Abhi Goyal, on

instruction of his clients, has not pressed this appeal on merits.

The only prayer made by him is that time till 04.11.2017 may

kindly be granted to the appellants to vacate the tenanted

premises.

Learned counsel appearing for the respondent Shri Alok

Garg on instructions of his client 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 04 th November, 2017 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 04th November, 2017.

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.

Further, the appellants shall submit an undertaking on

oath incorporating the aforesaid conditions before the Deputy

Registrar (Judicial), Rajasthan High Court, Jaipur within a period of

three days from the date of this order. In case, the appellants fail

to submit the undertaking as aforesaid within three days 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.