1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ::: JUDGMENT Jetha Ram. vs. Kedar Das S.B.CIVIL SECOND APPEAL NO.227/2005 UNDER SECTION 100 CPC AGAINST THE JUDGMENT AND DECREE DATED 23.4.2005 PASSED BY SHRI S.K. PAREEK, DISTRICT JUDGE, PALI IN CIVIL APPEAL DECREE NO.77/2004 DATE OF JUDGMENT : 8.1.2008 PRESENT HON'BLE MR. PRAKASH TATIA, J. Mr. RR Nagori, for the appellants. Mr. RK Thanvi, for the respondent. <><><> BY THE COURT: In the present second appeal, the respondent's- plaintiff's suit was decreed for eviction of the appellant-tenant on the ground of committing default after striking out defence of the appellant-tenant on account of non-payment of rent during the pendency of the suit as provided under Section 13(3) read with Section 13(4) of the Rajasthan (Control of Rent Eviction) Act, 1950. The order of striking of the defence attained finality as challenge to that order has become final because of dismissal of appellant's- defendant's writ petition no.1819/2004. 2 In view of the above only ground of default, the decree of eviction is required to be maintained and in view of the totality of the facts, I do not find that any substantial questions of law are involved in this appeal. In view of the above, the appeal of the appellant deserves to be dismissed, hence, dismissed. At this stage, learned counsel for the appellant sought time for vacating the suit premises and prayed that two years time may be granted, which has been opposed by learned counsel for the respondent. In the totality of the facts and particularly in view of the fact that even the first appellate court's decree was passed on 23rd April, 2005, this court is of the view that even if a lenient view is taken then time can be granted to the appellant for vacating the suit premises upto the period of 31st Dec., 2008. Therefore, it is ordered that in case, the appellant furnishes a written undertaking before the trial court within a period of two months from today that he shall hand over the vacant possession to the landlord by or before 31.12.2008 and shall not part with the possession or sublet the suit premises during this period and shall pay all the arrears of rent and decreetal amount, if due, within a period of two months from today before the trial court or directly to the landlord, the decree under challenge shall not be 3 executed till 1.1.2009. The appellant shall also deposit the rent month by month by 15th day of each succeeding month of his tenancy in the trial court or pay directly to the landlord. In case of non-compliance of the order or default in payment of rent mentioned above, the decree shall become executable forthwith. With the aforesaid concession, this appeal is dismissed. (PRAKASH TATIA), J. c.p.goyal/-