CSA 107/2010 Satpal Singh through LRS Vs. Chunni Lal through LRS (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Second Appeal No.107/2010 Satpal Singh through LRS Vs. Chunni Lal through LRS Date Of Judgment :: 12.3.2010 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. C.P. Sharma on behalf of Mr. Man Singh Gupta, for appellants. Mr. Anand Sharma, for respondents. ........ This is defendants' second appeal filed under section 100 of the Code of Civil Procedure against the judgment and decree dated 20/1/2010 passed by Additional District Judge No.2, Kota in Civil Regular Appeal No.04/2001 whereby the appeal filed by the defendant-appellants against the judgment and decree dated 31/1/2001 passed by Civil Judge (Junior Division) Kota City (South) in Civil Suit No.790/93 has been dismissed by which the suit filed by the plaintiff-respondent for eviction of the suit premises was decreed. 2. Heard learned counsel for the parties on the point of admission and perused the impugned judgments of the courts below. 3. Learned counsel for the appellants does press this appeal on merits and only contended that a reasonable CSA 107/2010 Satpal Singh through LRS Vs. Chunni Lal through LRS (2) period be allowed for handing over the vacant possession of the suit premises to the respondent-landlords. 4. Learned counsel appearing for the respondent- landlords does not oppose this prayer. 5. 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 appellants shall hand over the vacant possession of the suit premises to the plaintiff-respondent-landlords on or before 30/6/2011; (ii) The appellants shall continue to pay/deposit the monthly rent by 15th of every month till the vacant possession of the suit premises is handed over and two consequetive defaults in making the payment of monthly rent shall make the plaintiff- respondent-landlords entitle to get the suit premises vacated; (iii) The appellants shall not create any third party interest in the suit premises; (iv) The appellants shall submit an undertaking in writing containing the above terms and conditions in the trial court within a period of one month; In case the appellants fail to comply with any of the above term and condition, the plaintiff-respondent-landlords would have a right to execute the decree. (J.R. Goyal),J. V.S. Shekhawat/- Jr. P.A. D3