Makkhan Lal S/o Late Shri Sadhuram Saini vs Gokul Chand Agarwal S/o Late Shri Ram Agarwal

The instant Civil Second Appeal under Section 100 CPC has

been filed by the defendant-appellant aggrieved by the judgment

and decree dated 30.3.2017 passed by learned Additional District

Judge, Kotputli, District Jaipur (hereinafter referred to `the lower

appellate court'') whereby the lower appellate court has dismissed

the appeal filed by the defendant-appellant against the judgment

and decree dated 18.08.2011 passed by Civil Judge (Sr.Div.) and

Addl. Chief Judicial Magistrate, Kotputli, District Jaipur (hereinafter

referred to as `the trial court'') in Civil Suit No.03/08.

Shri Anoop Agarwal, learned counsel appearing for the

appellant, after arguing the appeal at some length, on instructions

of his client, 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 appellant to vacate the tenanted premises.

Shri Anand Bhardawaj, learned counsel appearing for the

plaintiffs-respondents 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 15 th November, 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 15th November,2018.

The appellant shall deposit arrears of mesne profit, if any, due towards him up to 31st May, 2017 at the monthly rate of Rs.600/- within a period of one month from today with the bank account of the respondents and thereafter, from the month of June,2017, the appellant shall continue to deposit the mesne profit at the monthly rate of Rs.1000/- in the bank account of the respondents by 15th 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 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 appellant 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

appellant fails to submit the undertaking as aforesaid within four

weeks from today and/or commits 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.