Ramkishan S/o Gangadhar (Ashok Kumar S/o Ramkishan) vs Chirag Kumar S/o Late Dilip Kumar Patel Gujrati

The instant Civil Second Appeal under Section 100 CPC has

been filed by the defendant-appellant aggrieved by the judgment

and decree dated 18.11.2016 passed by learned Additional District

Judge, Ramganj Mandi, District Kota whereby the court below has

dismissed the appeal filed by the defendant appellant against the

judgment and decree dated 15.10.2011 passed by Senior Civil

Judge, Ramganj Mandi, District Kota in Civil Suit No.19/1998.

Shri Satish Pachori 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 12 months may be

granted to the appellant to vacate the tenanted premises.

Shri Jitendra Pandey, learned counsel appearing for the

plaintiff-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 7 th April, 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 7 th April, 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.12/- 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.100/- 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 Sr. Civil Judge,

Ramganj Mandi, District 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

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.