Laxmi Narain through LR Narain Lal & Ors. Vs. Prem Chand (S.B. Civil Second Appeal No.347/2008) December 19, 2008. HON'BLE MR. JUSTICE R.S. CHAUHAN Mr. Deshraj Kalwania, for the appellants. Mr. G.C.Lunia] for the respondent. Mr. L.L.Gupta] Appellant Narain Lal is present in person. 2. Heard learned counsel for the parties and perused the impugned judgments. 3. The brief facts of the case are that on 2-8-1984 the respondent filed civil suit against the appellants for eviction from the premises in question on the ground of personal bonafide need. The suit was decreed vide judgment dated 3-4-2007. The appellants challenged the judgment and decree by filing first appeal, but the same also came to be dismissed on 21-7-2008. Hence, instant second appeal. 4. An understanding has been reached between the parties, whereby the appellant gives an undertaking that he shall pay arrears of mesne profit in equal ten instalments to the respondent. He further gives an undertaking that even in future mesne profit calculated as Rs.5,000/- per month shall be paid to respondent till the time they vacate the premises in question. The appellant also gives an undertaking that they shall vacate the premises within a period of one year i.e. by December 19, 2009. The appellant further give an undertaking that they will not sublet, transfer or cause any damage to the premises in question. 5. The respondent also give undertaking that the appellants are permitted to deduct Rs.15,000/- from the amount of mesne profit. 6. In view of the understanding between the parties and the undertaking given by both the parties, the appellants are granted time to vacate the premises in question within a period of one year i.e. by December 19, 2009. Meanwhile the appellants shall not sublet, transfer or cause any damage to the premises in question. During this period the appellants shall pay arrears of mesne profit in equal ten instalments to the respondent and in future the mesne profit calculated as Rs.5,000/- per month shall be paid to respondent till the time of vacating the premises. The appellants are permitted to deduct the amount Rs.15,000/- from the amount of mesne profit. 7. With these observations, the second appeal is disposed of. (R.S. Chauhan)J. arn/