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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 11th September, 2017 passed by the
learned Additional Session Judge, Dausa whereby the learned
court below has dismissed the appeal filed by the defendants-
appellants against the judgment and decree dated 18 th September,
2012 passed by the Additional Civil Judge (S.D.) Dausa in Civil
Suit No.53/2012.
Learned senior counsel for the appellant Shri
M M Ranjan 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 respondent Shri
L L Gupta 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.2,000/- per month within a period of one month from today with the bank account of the respondent and thereafter, from the month of December, 2017, the appellants shall continue to deposit the mesne profit at the rate of Rs.4,000/- in the bank account of the respondent 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 Additional
Civil Judge (S.D.) Dausa 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.