S.B.CIVIL SECOND APPEAL NO. 763/2007 Kishan Chand and another Versus. Prabhu Dayal 16/09/2008 HON'BLE MR.JUSTICE ASHOK PARIHAR. Mr. Rajesh Kapoor, for the appellants. Mr. Bihari Lal Agarwal, for the respondent Suit for eviction filed by the plaintiff-respondent was decreed by the trial court on the ground of default and reasonable bonafide necessity vide judgment and decree dated 16/02/2001. The above judgment and decree passed by the trial court has further been affirmed by the lower appellate court vide judgment and decree dated 06/08/2007. Though learned counsel for the defendants-appellants had submitted that he will not press the appeal on merits on behalf of the appellant No.2 and some reasonable time to vacate the suit premises may be allowed, however, now the counsel submits that his clients want an order on merits by this Court. Without making any observations on such submissions made by counsel, even otherwise, I have carefully gone through the material on record. On the basis of concurrent findings of fact, since after due consideration proper discretion has already been used by both the courts below, in the facts and circumstances, no further interference is called for by this Court, moreso, when no substantial question of law arises. However, the defendants-appellants may now vacate the suit premises on or before 1st December, 2008. the defendants-appellants shall continue to make the payment of rent till vacation of the suit premises. An undertaking in this regard be filed by the defendants-appellants before the trial court within 15 says failing which and in case of violation of any of the conditions of the undertaking, the plaintiff-respondent shall be free to execute the decree passed by the courts below in accordance with law. The appeal is disposed of accordingly. (Ashok Parihar), J.