THE HON’BLE SRI JUSTICE V. ESWARAIAH SECOND APPEAL No.944 of 2011 JUDGMENT: Heard both the counsel. The appellant is the defendant in the suit in O.S.No.483 of 2005 on the file of the II Additional Junior Civil Judge, Guntur, who suffered a decree with costs for arrears of rent of Rs.9,000/- for the months of May and October, 2004 and February, 2005, for his eviction and also for future damages @ Rs.5,000/- per month from the date of judgment till the date of eviction. Aggrieved thereby, the appellant preferred A.S.No.37 of 2007 on the file of the Additional District Judge-cum-Judge, Family Court, Guntur. The lower appellate court, vide judgment and decree, dated 01-06-2011, allowed the appeal in part setting aside the judgment of the trial court insofar as arrears of rent and future damages are concerned, but confirmed the judgment of the trial court insofar as eviction is concerned. Aggrieved thereby, the present Second Appeal is filed. Insofar as eviction is concerned, the learned counsel appearing for the appellant, having realized that no substantial question of law arises, particularly in view of Section 106 of the Transfer of Property Act, only seeks one year time to vacate and handover possession of the property in question to the respondents. But, the learned counsel appearing for the respondents-plaintiffs opposed for grant of time and states that maximum period of three months may be given and not more than three months. Having regard to the facts and circumstances of the case, as I do not find any substantial question of law in the Second Appeal that arises for consideration, the Second Appeal is dismissed. But, however, the appellant is granted time till 31-03-2012 to vacate and handover vacant possession of the property in question to the respondents, subject to the condition that the appellant shall file an undertaking before the court below within four weeks from today stating that he would vacate and handover vacant possession of the property in question to the respondents by 31-03- 2012, and that the appellant shall continue to deposit the agreed rents before the court below every month, failing to file such an undertaking, it is open to the respondents-plaintiffs to execute the impugned order. On such deposit, the respondents-plaintiffs are permitted to withdraw the same without furnishing any security. Accordingly, the Second Appeal is dismissed. There shall be no order as to costs. ___________ 02-09-2011 Note: Issue C.C. by Monday (B/o) Prv