1 S.B. CIVIL SECOND APPEAL NO.76/2008 (LRs of Chhagan Lal Vs. Suraj Mal) Date of Order :: 19th May 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.K.C.Samdariya for the appellants. Mr.Sandeep Saruparia for the respondent. .. BY THE COURT: The appellant No.4 has submitted an undertaking pursuant to the order dated 01.05.2008 as passed in this appeal stating,- “1. I undertake to abide by the final order passed by this court in this appeal and the terms and conditions imposed on the appellants while granting time for vacation of the shop in question. 2. I further undertake that the appellants shall give vacant possession of the shop in question to the respondent in compliance with the order of this court after the expiry of the period granted to them for the vacation of the shop.” Learned counsel for the appellants has prayed for granting of time of about two years, or at least until 31st March 2010, for the appellants to vacate the suit premises. Learned counsel for the respondent submits, in conformity with the submissions as made on 01.05.2008 that the respondent has no objection in granting extra time to vacate the suit premises but having regard to the location of the premises, rate of 2 mesne profits may be considered for enhancement. Learned counsel Mr.K.C.Samdariya points out that a suit for fixation of standard rent bearing No.35/1989 as filed by the plaintiff-landlord was decided by the Civil Judge (Junior Division), Bhilwara-West and after its decision, an appeal is pending in the Court of Additional District Judge No.2 Bhilwara; and in view of the order passed in the said proceedings, at present the appellant is making deposit of rent at the rate of Rs.242/- per month and has shown a counter foil of the tender dated 15.02.2007 for deposit of Rs.2,904/- for 12 months from 01.01.2007 to 31.12.2007. Having regard to the facts and circumstances of the case, it appears appropriate to allow time to the appellants to vacate the suit premises by 31st March 2010. So far the amount of mesne profits is concerned, in view of the submissions made on behalf of the appellants, it appears appropriate to allow mesne profits to the respondent until the appellants vacate the suit premises at the rate at which the amount is presently being deposited in pursuance to the orders passed in the aforesaid proceedings for fixation of standard rent and also subject to the further condition that if any upward revision is made in such proceedings, the appellant shall be required to make payment of mesne profits at such revised rate. 3 Of course, for no substantial question of law being involved in this second appeal, the appeal is required to be, and is, dismissed; however, the appellants are granted time to vacate the suit premises by 31st March 2010 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 March 2010, they shall hand over peaceful and vacant possession of the suit premises to the plaintiff-respondent. They shall also undertake not to cause any damage to the suit premises nor to make any alteration and not to assign, sublet or in any manner part with possession to any other person and 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, as ordered hereinabove, and so also of the decretal amount; and shall pay to the landlord the amount for use and occupation of the suit premises at the rate at which the same is presently being 4 deposited in pursuance to the orders in force as made in the proceedings relating to fixation of standard rent; and of course, if any upward revision is made in such proceedings, the appellants shall deposit the amount as per the final orders in the said proceedings relating to fixation of standard rent. The appellants may deposit such amount in the bank account of the landlord if particulars thereof are furnished within three weeks from today. The deposit towards mesne profits shall of course be made 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 terms of the undertaking, the plaintiff-respondent shall be entitled to execute the decree forthwith in accordance with law. No costs. (DINESH MAHESHWARI),J. Mohan/