Raman Lal Son of Sh. Jamuna Das vs Daya Shankar S/o Sh. Puran Chand

The instant Civil Second Appeal under Section 100 CPC has

been filed by the defendant No.1-appellant aggrieved by the

judgment and decree dated 8th December, 2015 passed by learned

District & Sessions Judge, Dholpur whereby the court below has

allowed the regular civil first appeal No.34/2013 filed by the

plaintiff respondent No.1 against the judgment and decree dated

2nd September, 2013 passed by Addl. Civil Judge (Jr.Div) No.1,

Dholpur, in Civil Suit No.30/2009.

Shri BB Ojha, learned counsel appearing for appellant-

defendant No.1, 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 Harsh Sharma, learned counsel appearing for the

plaintiff-respondent No.1 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 30 th September, 2018 but not beyond that, subject to condition that he would hand over the vacant and peaceful possession of the tenanted premises to the plaintiff-respondent on or before 30th September,2018.

The appellant shall deposit arrears of mesne profit, if any, due towards him up to 31st March, 2017 at the monthly rate of Rs.50/- within a period of one month from today with the bank account of the plaintiff- respondent No.1 and thereafter, from the month of April,2017, the appellant shall continue to deposit the mesne profit at the monthly rate of Rs.700/- 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 plaintiff-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, Dholpur 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 plaintiff-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.