CSA 73/2010 The Municipal Board, Chidawa and another Vs. Uma Shankar Sultania (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.73/2010 The Municipal Board, Chidawa and another Vs. Uma Shankar Sultania Date Of Judgment :: 12.3.2010 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Hanumanh Choudhary, for appellants. Mr. Uma Shankar Sultania, respondent, with his counsel Mr. J.K. Singhi, Advocate. ........ This is defendants' second appeal filed under section 100 of the Code of Civil Procedure against the judgment and decree dated 17/11/2009 passed by Additional District Judge, Jhunjhunu in Civil Regular Appeal No.{104/2007} 16/2007 whereby the appeal filed by the defendant-appellants against the judgment and decree dated 30/7/2007 passed by Civil Judge (Junior Division), Chidawa, District Jhunjhunu in Civil Suit No.29/2000 has been dismissed by which the suit filed by the plaintiff-respondent for eviction of the suit premises was decreed. 2. Heard learned counsel for the parties on the point of admission and perused the impugned judgments of the courts below. 3. Learned counsel for the appellants does press CSA 73/2010 The Municipal Board, Chidawa and another Vs. Uma Shankar Sultania (2) this appeal on merits and only contended that a reasonable period be allowed for handing over the vacant possession of the suit premises to the respondent-landlord. 4. Learned counsel appearing for the respondent- landlord does not oppose this prayer. 5. Therefore, with consent of learned counsel for both 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 suit premises to the plaintiff-respondent-landlord on or before 31/3/2011; (ii) The appellants shall continue to pay/deposit the monthly rent/mesne profit by 15th of every month till the vacant possession of the suit premises is handed over and two consequetive defaults in making the payment of monthly rent/mesne profit shall make the plaintiff-respondent-landlord entitle to get the suit premises vacated; (iii) The appellants shall not create any third party interest in the suit 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; 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. V.S. Shekhawat/- Jr. P.A. D134