1 60 S.B. CIVIL SECOND APPEAL NO.130/2008. LRs of Mohan Lal Vs. LRs of Sumati Bai Date of Order :: 2nd May 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. N.K. Joshi for the appellants. Mr. Suresh Shrimali, for the respondents (Caveators). ..... BY THE COURT: Pursuant to the order dated 28.04.2008 as passed in this appeal, the appellant No.1/2 has submitted an undertaking stating thus: “1. That the appellant No.1/2 Girdhari S/o Late Shri Mohal Lal Mistri undertake to abide by the final order passed by this Hon'ble Court in this appeal and the terms and conditions imposed on the appellants while granting time for vacation of the suit premises in question. 2. That the appellant No. 1/2 Girdhari S/o Late Mohan Lal Mistri further undertake that the appellants shall give vacant possession of the premises in question to the respondents in compliance with the order of this Hon'ble Court after the expiry of the period granted to them for the vacation of the suit premises.” Learned counsel for the defendants-appellants has prayed for granting time until 31.12.2008 to vacate the suit premises. Learned counsel for the plaintiffs-respondents has no objection in granting of such time as prayed on behalf 2 of the appellants but submits that enhanced mesne profits may be allowed to the respondents for the extra period the appellants would be in use and occupation of the premises in question, particularly when the premises were given on rent only at Rs. 100/- per month. Having regard to the overall facts and circumstances of the case, it appears appropriate that while the appellants may be allowed to vacate the suit premises by 31st December 2008 as prayed for, the respondents be allowed mesne profits from 1st May 2008 until handing over vacant possession by the appellants at the rate of Rs. 1,000/- per month. Of course, for no substantial question of law being involved this second appeal is required to be, and is, dismissed; however, the appellants are granted time to vacate the suit premises by 31st December 2008 on the following conditions:- (i) The appellants shall personally submit an undertaking supported by affidavit before the Trial Court within three weeks from today to the effect that on or before 31st December 2008, they shall hand over peaceful and vacant possession of the suit premises to the plaintiffs-respondents. They shall also undertake not to cause any damage to the suit premises; not to make any alteration; 3 not to assign, sublet or in any manner part with possession to any other person; not to put the premises to any use other than the present use; and not to cause any nuisance. (ii) The appellants shall deposit within three weeks the arrears, if any, of the rent/mesne profits and of the decretal amount and shall further pay to the landlord the amount for use and occupation of the suit premises at the rate of Rs. 1,000/- (One thousand) per month with effect from 1st May 2008, or deposit this amount in the bank account of the landlord (particulars whereof may be furnished to the appellants within two weeks from today), month by month on or before 15th day of the next month. It is made clear that upon the appellants' failure to comply with any of the conditions aforesaid or violating any term of the undertaking, the plaintiffs-respondents shall be entitled to execute the decree forthwith in accordance with law. No costs. (DINESH MAHESHWARI), J. Mohan/