CSA 426/2008 Union of India & anr. Vs. Ramavtar Sharma (1) 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.426/2008 Union of India and another Vs. Ramavtar Sharma Date of Judgment :: 13th May,2009 P R E S E N T Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Tej Prakash Sharma, for appellants. Mr. A.L. Saraswat, for respondent. ....... By the Court :- This is defendants' second appeal filed under section 100 of the Code of Civil Procedure against the judgment and decree dated 21/8/2008 passed by Additional District Judge No.7, Jaipur City, Jaipur in Regular Civil Appeal No.81/2007 by which the appeal filed by the plaintiff was allowed and the judgment and decree dated 20/8/2007 passed by Civil Judge (Junior Division), Jaipur City (West), Jaipur in Civil Suit No.134/2007 (549/2004) was set aside by which the suit of the plaintiff for rent and eviction was dismissed. CSA 426/2008 Union of India & anr. Vs. Ramavtar Sharma (2) 2. Learned counsel for the appellants does not challenge the findings on merits and only contended that for arranging an alternate accommodation a period of 6-8 months may be granted to vacate the disputed premises. 3. Learned counsel for the respondent does not oppose the above prayer for granting reasonable time. 4. 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 suit premises, therefore, 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 plaintiff-respondent-landlord on or before 31/12/2009; (ii) The appellants shall continue to pay/deposit the monthly rent of Rs.1200/- to the respondent-plaintiff by 15th of every month and three defaults in making the payment of the CSA 426/2008 Union of India & anr. Vs. Ramavtar Sharma (3) amount shall make the respondent-plaintiff entitle to get the disputed premises vacated. (iii) The appellants shall not create any third party interest in the property in dispute; (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; 5. 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. D52