CSA 414/08 (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur S.B. Civil Second Appeal No.414/2008 Yogesh Kumar Tyagi Vs. Mukut Bihari Kasat Date Of Order :: 8th April, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. S.N. Sharma, for appellant. Mr. Pradeeep Mathur, for respondent. ........ This is second appeal by the appellant- defendant under section 100 of the Code of Civil Procedure against the judgment and decree dated 25/9/2008 passed by Additional District Judge No.5, Kota in Civil Regular Appeal No.64/2004 whereby the appeal filed by the defendant-appellant against the judgment and decree dated 11/10/2004 passed by Civil Judge (Junior Division) South, Kota in Civil Suit No.146/1997 has been dismissed by which the suit filed by the plaintiff-respondent for eviction of the suit shop was decreed. 2. Learned counsel for the appellant does not press this appeal on merits and stated that the appellant is prepared to vacate the disputed shop but some reasonable time is required so he can sell or shift his goods lying in the disputed shop. 3. Learned counsel for the respondent does not oppose this prayer provided the appellant continues to pay the monthly rent till the vacant possession is handed over to the CSA 414/08 (2) respondent-plaintiff. The counsel for the respondent also stated which was not controverted by the learned counsel for the appellant that last payable rent was Rs.1643/- and the appellant- tenant has already paid the rent till March, 2009. 4. Therefore, with consent of learned counsel for both the parties, this appeal along with the stay application is dismissed with the order as follows :- (i) The appellant shall hand over the vacant possession of the suit shop to the plaintiff-respondent-landlord on or before 31/10/2009; (ii) The appellant shall continue to pay/deposit Rs.1643/- per month as rent/mesne profits by 15th of every month till the vacant possession is handed over and two successive defaults in making the payment of monthly rent shall make the plaintiff- respondent-landlord entitle to get the suit shop vacated; (iii) The appellant shall not create any third party interest in the suit shop; (iv) The appellant shall submit an undertaking in writing containing the above terms and conditions in the trial court within a period of two weeks; In case the appellant fails to comply with any of the above term and condition, the plaintiff-respondent-landlord would have a right to execute the decree. (J.R. Goyal),J. V.S. Shekhawat/- Jr. P.A. S1