1 S.B.CIVIL SECOND APPEAL NO.102/2010 Abdul Gafoor and Ors. Vs. Rafique Ahmed Date of Order :: 07.07.2010 HON'BLE MR. JUSTICE GOVIND MATHUR Mr B.N. Kalla, for the appellants-defendants. Dr. Sachin Acharya, for the respondent-plaintiff. This appeal is preferred as per provision of Section 100 of the Civil Procedure Code against the judgment and decree dated 31.3.2010 passed by the learned District Judge, Bhilwara affirming the judgment and decree dated 28.2.2008 passed by the learned Civil Judge (Jr. Div.), Bhilwara in Civil Original Suit No.281/1999. The original suit was preferred by the plaintiff-respondent claiming arrears of rent and eviction of the defendants- appellants from the rented premises. The learned trial court held that a default was committed by the tenant and thus passed a decree for eviction from the premises. The judgment and decree passed by the learned trial court was affirmed by examining all aspects involved and also by taking into consideration the entire evidence available on record. In this appeal, as a matter of fact, 2 whatever argument advanced that is patently relating to the finding of facts and it can safely be said that the appeal does not involve any substantial question of law, as such, no disturbance with the concurrent finding given by the learned court below is warranted. The appeal is accordingly dismissed. After dictating this order, learned counsel for the appellants submitted that the appellants are running a business in the premises and therefore, some time be given to them for vacating the premises. It is also urged that in the event of grant of the time, the appellants are ready to undertake that they shall not adjudicate the matter further, they shall handover vacant possession of the premises to the respondent-plaintiff on the day fixed, the possession of the premises or part thereof shall not be given by the appellants to any other person and further that they shall make payment of rent as determined by the learned trial court and affirmed by the learned appellate court till handing over of possession of the premises to the respondent-plaintiff. Learned counsel for the respondent-plaintiff is having no objection in granting such time with the conditions aforesaid. Accordingly, while dismissing this appeal one year time is allowed to the appellants-defendants to retain possession of the premises with them subject to the condition that they submit an 3 undertaking before the learned trial court within a period of fifteen days from today that : (1)- They shall handover complete vacant possession of the shop to the respondent-plaintiff on or before 6.7.2011. (2)- They shall not part with the possession of the premises or any portion of it to anybody else before handing over the vacant premises to the respondent-plaintiff. (3)- They shall make the payment of rent to the respondent- plaintiff month by month and that is before 7th day of every month. (4)- The arrears of rent and also the mense profit as determined and awarded shall be paid to the respondent-plaintiff within a period of one month from today. In the event, the appellants-defendants did not submit an undertaking aforesaid or violate any condition thereof, then the respondent-plaintiff would be entitled to get the decree executed. (GOVIND MATHUR), J. rm/