Mangi Lal S/o Shankar Lal vs Shiv Narayan S/o Surajmal Thatera

The instant Civil Second Appeal under Section 100 CPC has

been filed by the defendant-appellant aggrieved by the judgment

and decree dated 21.12.2016 passed by learned Additional District

Judge No.1, Kota whereby the court below has dismissed the

appeal filed by the defendant appellant against the judgment and

decree dated 11.07.2006 passed by Addl. Civil Judge (Jr.Div.)

No.1, North Kota in Civil Suit No.340/2001.

Shri Naseemuddin Quazi, learned 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 18 months may be

granted to the appellant to vacate the tenanted premises.

Shri Pradeep Mathur, learned counsel appearing for the

plaintiff-respondent on instructions of his client 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 8th October, 2018 but not beyond that, subject to condition that he would hand over the vacant and peaceful possession of the tenanted premises to the respondents on or before 8 th October, 2018.

The appellant shall deposit arrears of mesne profit, if any, due towards him up to 30 th April, 2017 at the monthly rate of Rs.250/- within a period of one month from today with the bank account of the respondents and thereafter, from the month of May,2017, the appellant shall continue to deposit the mesne profit at the monthly rate of Rs.1000/- in the bank account of the respondent 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 fails 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 appellant shall submit an undertaking on oath

incorporating the aforesaid conditions before the Addl. Civil Judge,

(Jr. Div.) No.1, North, Kota 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

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.