CFA.91/08-Chief General Manager,BSNL,Jaipur & Ors. Vs . Smt. Sayara & Anr. :Judgment dt.13.3.08 1/3 S.B. CIVIL FIRST APPEAL NO.91/2008 Chief General Manager,BSNL,Jaipur & Ors. Vs. Smt. Sayara & Anr. Date of Judgment : 13th March, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Vijay Bishnoi for the appellants. Mr. Javed Moyal for the respondents. --------- 1. Learned counsel for the appellant-defendants submits that impugned decree is for eviction by the learned Trial Court and the appellant BSNL, a Government of India undertaking only prays for some time needed to make alternative arrangement and take alternative place and shift the telephone exchange from the suit premises to some other places. A period of six months is prayed for this purpose. 2. Learned counsel for the plaintiff-landlord, however, submits that the period may be reduced to three months and the mesne profit of Rs.2,200/- per month as fixed by learned trial court may also be increased. 3. However, in the facts and circumstances of the case, it is CFA.91/08-Chief General Manager,BSNL,Jaipur & Ors. Vs . Smt. Sayara & Anr. :Judgment dt.13.3.08 2/3 considered expedient to dispose of this appeal as not pressed subject to following conditions and with a direction that the appellant- defendant shall hand over the vacant and peaceful possession of the suit premises to the respondent-plaintiff on or before 30th September, 2008 and shall continue to pay the mesne profit at the rate of Rs.2,200/- per month regularly by 15th of next month:- (i) The appellant undertakes to hand-over the vacant and peaceful possession of the suit premises, in dispute to the respondent on or before 30th September, 2008. The respondent shall not execute the impugned decree till 30th September, 2008. (ii) The appellant undertakes to pay or deposit the entire arrears of mesne profit, if any within a period of one month from today and will further continue to pay the mesne profit by 15th day of the next succeeding month or in advance to the respondent. (iii) The appellant further undertakes that he shall not sub- let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period. (iv) The appellant shall furnish a written undertaking incorporating the aforesaid conditions in the Lower Court within a period of four weeks from today and CFA.91/08-Chief General Manager,BSNL,Jaipur & Ors. Vs . Smt. Sayara & Anr. :Judgment dt.13.3.08 3/3 one copy thereof along with affidavit in this Court. (v) Learned counsel for the respondent-landlord will give the details of his bank account number in which the arrears, if any, will be deposited within the period of four weeks. 4. The appeal is accordingly disposed of. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.17 babulal/-