1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL SECOND APPEAL No. 336 of 2006 LR'S OF RAMNIWAS V/S JETHMAL Mr. JS CHOUDHARY, for the appellant / petitioner Date of Order : 8.9.2006 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the appellant and perused the impugned judgments. The two learned Courts below have decreed the suit for eviction from the Kotha on the ground of reasonable and bonafide necessity, and by deciding the question of comparative hardship, and partial eviction against the appellant. Having gone through the findings, I am satisfied that the findings of fact, as arrived at are not vitiated on any other grounds available under Section 100 CPC. The appeal thus, does not involve any substantial question of law. The same is, therefore, dismissed summarily. At the request of the learned counsel for the appellant, the appellant is given one year's time to vacate the suit premises on the condition that the defendant gives an undertaking before the learned trial court within one month from today that on or before the expiry of the above 2 period, he will peacefully hand over the vacant possession of the suit premises to the plaintiff and that during this period, he will not, in any manner, transfer the possession of the suit premises to anybody. Likewise, the entire decretal amount, so also all arrears of rent, if any, shall be deposited by the appellant in the trial court within one month from today and shall further continue to deposit amount equal to the monthly rent by way of damages for use and occupation by 15th of each succeeding month, till the actual delivery of possession. In case the appellant fails to comply with any of the above conditions, the respondent will become automatically entitled to execute the decree forthwith. ( N P GUPTA ),J. /tarun/