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Judgment
The instant Civil Second Appeal under Section 100 CPC has
been filed by the defendant-appellant aggrieved by the judgment
and decree dated 11.11.2016 passed by learned Addl. District
Judge No.2, Hindaun City whereby the court below has dismissed
the appeal filed by the defendant-appellant against the judgment
and decree dated 02.04.2012 passed by Addl. Civil Judge (JD)
No.1, Hindaun City, in Civil Suit No.74/2004.
Shri JP Goyal, learned Sr. Counsel appearing for the
appellant, after arguing the appeal at some length, on instruction
of his client, has not pressed this appeal on merits. The only
prayer has been made by him is that time of 15 months may be
granted to the appellant to vacate the tenanted premises.
Learned counsel appearing for the plaintiff-respondents Shri
Deepak Pareek on instructions of his clients has no objection in
granting the time 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 defendant-appellant shall be entitled to continue in possession of the suit premises up to 30 th May, 2018 but not beyond that, subject to condition that he would hand over the vacant and peaceful possession of the tenanted premises to the respondent on or before 30 th May,2018.
The appellant shall deposit arrears of mesne profit, if any, due towards him up to 28th February, 2017 at the monthly rate of Rs.220/- within a period of one month from today with the bank account of the respondents and thereafter, from the month of March,2017, the appellant shall continue to deposit the mesne profit at the same rate in the bank account of the respondents by 15 th of each month.
The appellant 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 appellant fails 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 appellant shall submit an undertaking on oath
incorporating the aforesaid conditions before the Addl. Civil Judge
(Jr.Div.) No.1, Hindaun within a period of four weeks from the date
of this order. In case, the appellant fails 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.