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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 31st May, 2008 passed by the learned Additional District Judge No.1, Deeg, District Bharatpur whereby the learned court below has
dismissed the appeal filed by the defendant-appellant against the judgment and decree dated 22nd March, 2007 passed by the Civil Judge (J.D.),
Deeg, District Bharatpur in Civil Suit No.77/2003.
Learned counsel for the appellant Shri Ashish Joshi after arguing the matter at some length, on instruction of his client, 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 appellant to vacate the tenanted
premises.
Learned counsel appearing for the respondents Shri J P Gupta 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 uptill 03rd July, 2019 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 03rd July, 2019.
The appellant shall deposit arrears of mesne profit, if any, due towards him up to 31st December, 2017 at the rate of Rs.500/- per month within
a period of one month from today with the bank account of the respondent and thereafter, from the month of January, 2018, the appellant shall
continue to deposit the mesne profit at the same rate 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 Civil Judge (J.D.), Deeg, District
Bharatpur 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.