Satya Narayan vs Kalu Ram & Ors.

The instant Civil Second Appeal under Section 100 CPC has been filed by the defendant-appellant aggrieved by the judgment and decree

dated 15th September, 2017 passed by the learned Additional District Judge No.3, Ajmer whereby the learned court below has dismissed the

appeal filed by the defendant-appellant against the judgment and decree dated 17th April, 2004 passed by the Civil Judge (J.D.), South, Ajmer in

Civil Suit No.38/1989.

Learned counsel for the appellant Shri Alok Chaturvedi 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 respondent Shri R N Vijay 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 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 respondents on or before 03rd July, 2019.

The appellant shall deposit arrears of mesne profit, if any, due towards them up to 31st December, 2017 at the rate of Rs.30/- per month within

a period of one month from today with the bank account of the respondents and thereafter, from the month of January, 2018, the appellant shall

continue to deposit the mesne profit at the rate of Rs.500/- 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 fails 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 Civil Judge (J.D.), South, Ajmer

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.