In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Second Appeal No.32/2001 Gaffar through LRs. Vs. Smt. Mehmooda and others Date of Judgment :: 31st August, 2009 P R E S E N T Hon'ble Mr. Justice Jitendra Ray Goyal Mr. B.L. Agrawal, for appellants. Mr. Hanuman Sharma, for respondent. ....... By the Court :-
This is defendants’ second appeal against the concurrent judgment and decree of eviction.
2. Learned counsel for the appellants does not press this appeal on merits and only seeks reasonable time for handing over the vacant possession of the disputed premises to the respondent-landlord.
3. Having considered the rival submissions made at the bar and keeping in view that appellants have not pressed this appeal on merits and only sought time to vacate the disputed premises, therefore, with consent of learned counsel for the parties this appeal along with the stay application is dismissed with the order as follows :-
(i) The appellants shall hand over the vacant possession of the disputed premises to the respondent-landlord on or before 31/12/2010;
(ii) The appellants shall continue to pay/deposit the monthly rent of Rs.25/- to the respondent-plaintiff-landlord by 15th of every month till vacant possession is handed over and shall further pay the arrears, if any, within one month and three defaults in making the payment of the monthly amount shall make the respondent-plaintiff-landlord entitle to get the disputed premises vacated. The respondent-landlord shall be at liberty to withdraw the amount deposited in the Court by the appellant-tenant who shall furnish all the details of deposition to the respondent-landlord.
(iii) The appellants shall not create any third party interest in the disputed premises;
(iv) The appellants shall submit an undertaking in writing containing the above terms and conditions in the trial court within a period of one month.
4. In case the appellants fail to comply with any of the above term and condition, the plaintiff-respondent-landlord would have a right to execute the decree.
(J.R. Goyal),J.
VS Shekhawat/-
Jr. P.A.
D2